Marple Township City Zoning Code
ARTICLE XV
Nonconformance
§ 300-120 Continuation.
The use of any lot, building or structure that is existing and lawful at the time of the enactment of this chapter or, in the case of any amendment to this chapter, at the time of such an amendment, may be continued except as hereinafter provided, although such use does not conform to the provisions of this chapter or subsequent amendments.
§ 300-121 Enlargement.
A.
A structure that does not conform with development standards and/or other requirements of the zoning district in which the structure is located and/or any other provisions of this chapter may be enlarged only if the enlargement meets all of the development standards set forth in this chapter for the district in which the use is a permitted use, including but not limited to front yard, rear yard, side yard, lot area, parking, buffers and height of buildings.
B.
A use that does not conform to the permitted use regulations of the district in which it is located may be enlarged when authorized as a special exception by the Zoning Hearing Board, provided that:
(1)
The proposed enlargement shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Authorization to enlarge the nonconforming use, as described in this section, shall not be construed to mean that a new use or uses may be established. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
(2)
The proposed enlargement shall conform to the applicable development standards, buffer requirements and parking requirements, as well as all other requirements of the district in which the enlargement is located or the district in which the use is a permitted use, whichever shall be more stringent.
(4)
Any increase in building or floor area shall not exceed 25% of the building area or gross floor area, whichever is less, that was existing at the time that the use became nonconforming under this chapter or any previous ordinance and, in any event, shall be permitted only by special exception under the provisions of this chapter. Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in building or floor area under this chapter. A structure that is nonconforming in terms of height shall not be enlarged so as to increase its height.
§ 300-122 Restoration.
A nonconforming building or any building containing a nonconforming use that is destroyed to the extent of more than 50% of its value shall not be repaired or rebuilt, except in conformity with the regulations of this Zoning Ordinance. No building that has been razed shall be rebuilt, except in conformity with the regulations of this chapter.
§ 300-123 Abandonment.
If any nonconforming use of a building or land is abandoned for a continuous period of one year or more, subsequent use of such a building or land shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when the nonconforming use ceases.
§ 300-124 Use changes.
Once changed to a conforming use, no building, structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only if all of the following conditions are met:
A.
Such change shall be permitted only as a special exception.
B.
The applicant shall show that the nonconforming use cannot reasonably be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to: