Marlborough Township
City Zoning Code
City Zoning Code
ARTICLE VI
Nonconforming Status
§ 275-40 Nonconforming status.
All buildings, structures, uses of land, uses of buildings, lots, and signs which do not conform to all of the applicable regulations of the district in which they are located or other applicable requirements of this chapter shall be considered as nonconforming, provided that:
A.
They lawfully existed on the date of passage of this chapter; or
B.
They lawfully existed on the date of passage of a text or map amendment to this chapter, which amendment caused the nonconforming status.
§ 275-41 Nonconforming classifications.
Nonconforming status shall be classified as follows:
A.
Nonconforming use. The existing lawful use of land and/or buildings and/or structures upon the land which does not conform to any of the permitted uses of the district in which it is located.
B.
Nonconforming building or structure. Any existing lawful building or structure that does not conform to the height, location, size, bulk, or other dimensional requirements of the district in which it is located. This does not include signs.
C.
Nonconforming lot. Any existing lawful lot which does not conform to the area and/or width requirements for lots in the district in which it is located.
D.
Nonconforming signs. Any sign, signboard, billboard, or advertising device existing at the time of the passing of this chapter that does not conform in use, location, height, or size, with the regulations of this chapter shall be considered a nonconforming sign.
E.
Temporary nonconforming use.
(1)
A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than 30 days on the approval of an application for a special exception by the Zoning Hearing Board, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Hearing Board approval may be granted for period not to exceed one year.
(2)
A building permit and/or use and occupancy permit shall be required for any structure associated with such a temporary use, in accordance with the standards and regulations for permanent structures and uses.
§ 275-42 Nonconforming regulations.
The following regulations shall govern all properties to which nonconforming status is applied:
A.
Nonconforming status shall continue and a property may continue to be used as nonconforming until it complies with the requirements of this chapter.
B.
Change of use.
(1)
A nonconforming use may be changed only to a conforming use.
(2)
If a nonconforming use is changed to a conforming use, then the previous nonconforming status shall become null and void, in accordance with Subsection C below.
C.
Discontinuance. A nonconforming use, when discontinued, may be resumed any time within one year from such discontinuance, but not thereafter. The resumption may be of the same class or use, but shall not be of a lower (less restrictive) classification.
D.
Extension or expansion. A nonconforming use, building, or structure, not including signs, may be extended or expanded in compliance with the following:
(1)
The parcel on which extension or expansion occurs shall include only that lot, held in single and separate ownership, on which the use, building, or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
(2)
Nonconforming use of a building may be extended throughout the building.
(3)
A building which houses a nonconforming use may be expanded by no more than 25% of its gross floor area at the time it became nonconforming.
(4)
A nonconforming building may be expanded by no more than 25% of its gross floor area at the time it became nonconforming.
(5)
A nonconforming use of land may be expanded by no more than 10% of the gross lot area at the time it became nonconforming.
(6)
Extension and/or expansion as permitted in Subsection D(1), (2), (3), (4) and (5), above, shall be permitted only to the extent that expansion and all new construction shall comply with the dimensional standards of the district in which the lot is located and, in the case of new construction, that the total building coverage does not exceed that permitted in the district in which the building is located.
E.
Additional building regulations. The following regulations apply to buildings:
(1)
Buildings which are under construction at the time they become nonconforming may be continued to completion, provided that valid building permits have been issued for those buildings and substantial construction has begun. If the building was intended for a use which has become nonconforming after construction of the building had begun, the building may be occupied and used for that legal use intended at the time the building permit was issued or for a use which is otherwise in conformance with the regulations for the zoning district in which the building is located.
(2)
Buildings not yet under construction shall be built and used in conformance to this chapter.
(3)
Nonconforming primary structures damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used as before, provided that:
(a)
The reconstructed building shall not exceed the dimensions of the damaged or destroyed building, including height, width, depth, volume.
(b)
Building reconstruction shall be started within one year from the date the building was damaged or destroyed and shall be carried out without interruption.
(c)
The building will pose no hazards to safety by virtue of its location.
(4)
Legally condemned nonconforming buildings shall not be rebuilt or used except in conformance with this chapter.
F.
Development of nonconforming lots. A single-family detached dwelling unit may be constructed on a nonconforming lot in a residential district in accordance with the dimensional requirements of the district. Relief from dimensional requirements which present a hardship may be sought through the Zoning Hearing Board variance procedure.
G.
Contiguous undeveloped lots. Where two or more contiguous undeveloped lots are held in single ownership, within a subdivision which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots shall be developed in groups thereof in order to provide the minimum lot area and frontage required for each structure.
H.
Exception. A nonconforming lot of record which is part of a subdivision plan approved by the Board of Supervisors as recorded in the office of Recorder of Deeds as such, and which is in compliance with the zoning regulations in effect immediately prior to the date of enactment of this chapter, may be developed in accordance with the terms of such approval and preceding zoning regulations.
I.
Signs. A nonconforming sign may continue in its current use and location, provided it is maintained in safe and good repair.
(1)
If and when the sign is replaced, the new sign shall comply with the requirements of this chapter.
(2)
Replacement of the sign shall not include simply revising the text or color of the sign, but shall include structural replacement and/or relocation of the sign.
§ 275-43 Administration.
A.
Registration. The Building Code Official shall prepare a list and map of properties of nonconforming status, including uses, buildings, structures, lots and signs. For each property identified, the Building Code Official shall have on file a written record documenting the evidence and reasoning that led to the assignment of nonconforming status.
B.
Jurisdiction. In all matters pertaining to nonconforming status, the Building Code Official shall make the initial determination.
(1)
The Building Code Official may seek the advice of the Township Planning Commission, Township Solicitor, and/or others in making a determination.
(2)
If it cannot be determined by means of positive documentation that a use or structure was in lawful existence at the time an ordinance or amendment would have rendered it nonconforming, the Building Code Official must refuse to confer nonconforming status.
(3)
If the applicant disagrees with the Building Code Official's determination, the applicant may appeal to the Zoning Hearing Board as provided by law.
