Middletown Township Bucks
City Zoning Code
City Zoning Code
ARTICLE XXX
Nonconformities
§ 500-3001 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A lot, the area or dimensions of which were lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure or part of a structure which does not comply with the applicable area, dimensional, parking, buffer, environmental or other provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to enactment of such ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
§ 500-3002 Continuation.
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, may be continued except as hereinafter provided, although such use or structure does not conform to the provisions of this chapter or subsequent amendments.
§ 500-3003 Nonconforming lots.
A.
A building may be erected on a vacant lot which is not of the required area or width, provided a certificate of nonconformance has been issued for that lot by the Zoning Hearing Board in accordance with the following:
(1)
A certificate of nonconformance shall be issued for a vacant lot which has been held in single and separate ownership since the effective date of the lot area and width requirements applicable to that lot.
(2)
If two or more contiguous vacant lots are in a single ownership as of or subsequent to the effective date of this chapter, these lots shall be consolidated to minimize the nonconformity.
B.
If a building is erected or altered on a vacant lot pursuant to a certificate of nonconformance, that building must comply with all applicable area and design requirements except minimum lot area or width. Any other deviation from those requirements shall be permitted only by variance.
C.
Additions to buildings that already exist on a lot that does not have the required minimum area or width for the underlying zoning district may be permitted, subject to compliance with the following procedure:
(1)
Landowner shall submit an application for registration of a nonconforming lot with the Zoning Officer.
(2)
Landowner shall establish by submission of chain of ownership records that the lot has been owned in single and separate ownership since the effective date of the lot area and width requirements for the underlying zoning district.
D.
Satisfaction of this requirement shall be solely within the jurisdiction of the Zoning Officer.
§ 500-3004 Extension of nonconforming uses and structures.
A.
A structure that does not conform with the area, dimensional, parking, buffer, environmental and any other requirements of the district and this chapter may be extended by right along the building lines of the existing nonconformity in keeping with all other applicable requirements of this chapter.
B.
A use that does not conform to the use regulations of the district in which it is located may be extended by special exception, provided that:
(1)
The proposed extension shall take place only upon the lot or contiguous lots held in single and separate ownership at the time the use became nonconforming. Permission to extend a nonconforming use as described in this article shall be construed to mean that a new use or uses may be established. A nonconforming use, including off-street parking areas for such use, shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
(2)
The proposed extension shall conform with the setback, yard, area, dimensional, building height, parking, buffer, sign, environmental and other requirements of the district in which said extension is located, except as permitted in Subsection A above.
(3)
Any increase in building or floor area shall not exceed an aggregate of more than 50% of the building or floor area, whichever is less, existent at the date the use became nonconforming. 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 which is nonconforming in terms of height shall not be extended to increase the height.
§ 500-3005 Restoration.
A nonconforming building or any building containing a nonconforming use, wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed, provided that:
§ 500-3006 Abandonment.
If a nonconforming use of a building or land is abandoned for a continuous period of one year, subsequent use of such building shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when the nonconforming use ceases.
§ 500-3007 Use changes.
A.
A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
(1)
Such change shall be permitted only as a special exception by the Zoning Hearing Board.
(2)
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
(3)
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
B.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.