Moore Township City Zoning Code
ARTICLE V
General Regulations
§ 300-26 Limitation of principal uses.
A.
No more than one principal use shall be permitted on a lot unless specifically permitted by this chapter except in the Village Center and Industrial Zoning Districts for a multitenant commercial or industrial building(s) in accordance with §§ 300-19 and 300-20.
(1)
Notwithstanding the above language, in the event that an occupied residential dwelling is destroyed by fire, explosion, or other phenomenon and the owner of the destroyed residential dwelling provides verification to the Township Zoning Officer confirming that the previously occupied residential dwelling is going to be reconstructed on the same residential lot, then, in that event, the Township Zoning Officer may issue a temporary occupancy permit in accordance with the following conditions:
[Added 4-2-2019 by Ord. No. 2019-04]
(a)
The owner of the destroyed residential dwelling unit may reside on the residential lot in a temporary residential structure, including but not limited to, a recreational vehicle or temporary mobile home;
(b)
The owner must post adequate security in the form of cash, letter of credit, bond or other form acceptable to the Township Zoning Officer in an amount which is acceptable to the Township Zoning Officer to ensure that the temporary residential structure will be removed from the premises once the principal residential dwelling has been rebuilt and is reoccupied;
(c)
The temporary occupancy permit issued by the Zoning Officer as set forth above shall remain in effect for no more than 12 months. After such time the owner must remove the temporary residential dwelling unit unless an additional temporary occupancy permit is issued by the Zoning Officer (which additional temporary occupancy permit may be for any duration of time which the Zoning Officer determines to be necessary and warranted.
B.
Occupancy of a principal commercial or industrial building(s) by two or more commercial or industrial uses specifically permitted in the zoning district is permitted provided that all other requirements of this chapter are met. Each use within a multitenant commercial or industrial building(s) is required to apply for separate permits.
§ 300-27 Principal buildings.
A.
Conformance with chapter. Two or more principal buildings on a lot shall conform to all requirements of this chapter which would apply to each building if each were on a separate lot.
B.
Street frontage required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guaranty pursuant to Chapter 260, Subdivision and Land Development.
§ 300-28 Maximum height of buildings.
No building shall exceed the maximum height of buildings specified in this chapter, except that regulations shall not apply to farm structures, silos, water towers, church spires, belfries, solar energy collectors and equipment used for the mounting or operation of such collectors, windmills, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures should not significantly impair solar access of buildings or solar collector locations.
§ 300-29 Lot and yard requirements.
A.
Lot area and yard requirements. The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot area or yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
B.
Minimum lot area and lot area per dwelling unit. Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted in Subsection D.
C.
Minimum lot width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than is specified in the subsections entitled "Lot area, width, building coverage and height regulations" for the appropriate zoning district[1] except as may be permitted by Subsection D.
[1]
Editor's Note: Said provisions for the BMC, LC, R, SR, VC and I Districts may be found at §§ 300-12F, 300-13F, 300-14F, 300-15F, 300-16F and 300-17F, respectively.
D.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Nonconforming lots. A building may be constructed on a nonconforming lot, provided that the yard requirements are observed. Contiguous nonconforming lots under common ownership shall be considered one lot. Required yard areas may only be reduced for isolated vacant, existing lots of record in built-up areas after review and approval by the Zoning Hearing Board that the reduction is the minimum reduction consistent with adjacent existing development for a distance of 200 feet in any direction.
(2)
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the rear line of the minimum required front yard. On the bulbs of culs-de-sac the minimum lot width may be reduced to no less than 76% of the minimum otherwise required as measured along the minimum front yard setback line.[2]
[2]
Editor's Note: See Appendix C, which is included as an attachment to this chapter.
E.
Spacing of nonresidential buildings on the same lot. Where two or more nonresidential principal buildings are proposed to be built on a lot in one ownership, each such building shall be separated from another such building by at least twice the minimum side yard requirement for each respective building in the zoning district.
F.
Through lots. In the case of through lots, unless the prevailing front yard pattern on the adjoining lots indicates otherwise, front yards shall be provided on all frontages.
G.
Front and side yards of corner lots. On a corner lot, the yard adjoining a side street shall equal the required front yard for lots facing that street.
H.
Front yard regulations. Where a minimum depth of front yard is specified in a district, an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure except as may be permitted elsewhere in this chapter.
I.
Exception to required front yard for certain accessory uses. Subject to Subsection K, the district's front yard requirements shall not apply to accessory signs, light posts, driveways, walkways and off-street parking facilities.
J.
Side and rear yard requirements. Where a minimum width of side yard or depth of rear yard is specified, no building, structure or tennis court shall be erected within the specified distance from either side lot line or rear lot line, except when permitted elsewhere in this chapter.
K.
Traffic visibility across corners.
(1)
Sight lines at public street intersections. At an intersection, a triangle area shall be graded and sight obstructions shall be removed so that vision between a height of two feet to 10 feet above the center-line grades of the intersecting streets is not obscured. Furthermore, by deed restriction, by lease restriction or by plan amendment, whichever method is applicable, vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of two feet to 10 feet above the center-line grades of the intersecting streets. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one at each center line (as shown in Diagram 4[3]) each of which point is:
(a)
One hundred fifty feet from the intersection of such street center lines, if either street is an arterial street.
(b)
One hundred feet from the intersection of such street center lines if either street is a collector street.
(c)
Seventy-five feet from the intersection of such street center lines, if both streets are minor or local access streets.
[3]
Editor's Note: See Appendix C, which is included as an attachment to this chapter.
(2)
Sight lines at private accessway and public street intersections.[4] At each point where a private accessway intersects a public street or road, a clear sight triangle of 30 feet (determined by the intersecting street and accessway center lines and a diagonal connecting the point) shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the center-line grade.
[4]
Editor's Note: See Appendix C, which is included as an attachment to this chapter.
L.
Buffer yards. Buffer yards are required along the property line of a commercial or industrial lot adjacent to a residential lot or planned residential lot and in some cases along the right-of-way of an arterial or collector street per § 260-41 of Chapter 260, Subdivision and Land Development, and around sewage treatment facilities.
(1)
The buffer yard shall be measured from the property line or street right-of-way or as specified in the Moore Township General Construction Standards for Sewage Treatment Facilities. Buffer yards may not be part of a street right-of-way, but shall be in addition to that right-of-way.
(2)
A twenty-foot buffer yard shall be required unless otherwise indicated in this chapter.
(3)
The buffer yard may be as part of the required side or rear yards, and in case of conflict, the larger yard requirements shall apply.
(4)
In all buffer yards, the exterior width beyond the planting screen shall be planted with grass seed, sod or ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and tall (no more than 12 inches) grass.
(5)
The buffer yard shall be a landscaped area free of buildings or structures, manufacturing or processing activity, materials and vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.
(6)
Screens.
(a)
All buffer yards shall include a dense screen planting of trees, shrubs or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise. Such screen planting shall be in accordance with the following requirements:
[1]
Plant materials used in the screen planting shall be in accordance with the Moore Township general construction standards, as amended.
[2]
The screen planting shall be permanently maintained by the landowner, and any plant material which does not live shall be replaced.
[3]
The screen plantings shall be placed in accordance with the Moore Township general construction standards, as amended.
[4]
The screen planting or fence shall be broken only at points of vehicular or pedestrian access.
(b)
In circumstances where it is impractical for a screen to meet all the requirements of this section or would create an undue hardship, the Zoning Hearing Board may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.
§ 300-30 General performance standards.
A.
Nuisances prohibited. No land or structure in any zoning district shall be used or occupied in any manner that creates any dangerous, injurious, noxious or otherwise objectionable condition; or other condition in such manner or in such amount as to affect adversely the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.
B.
Performance standard procedure.
(1)
With the exception of residential uses, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards specified herein and applicable to such use and affirming his agreement to conduct or operate such use at all times in conformance with such standards.
(2)
Where there is reason to believe that the nature of the proposed use would make it difficult to comply with the applicable standards, the Zoning Officer may require the applicant to submit plans of the proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this section; provided, however, that no applicant shall be required to reveal the secret details of industrial or trade data and may specify that the plans or other information submitted pursuant to this section shall be treated as confidential matter.
C.
Noise control.
(1)
The regulations and standards established in this subsection shall only apply to institutional, commercial and/or industrial uses.
(2)
No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the emanating land use category in the following table when measured at the property boundary of the emanating land use.
Continuous Sound Levels by Emanating Land Use | ||
|---|---|---|
Emanating Land Use Category | Time | Sound Level Limit (dBA) |
Institutional or commercial | 7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 65 60 |
Industrial | At all times | 70 |
(3)
For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval) the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound pressure level, regardless of time of day or night or receiving land use, using the fast meter characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971.
(4)
The maximum permissible sound levels by the emanating land use category as listed in the previous table shall not apply to any of the following noise sources:
(a)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(b)
Emergency work to provide electricity, water or other public utilities when public health or safety is involved.
(c)
Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Fridays and between 8:00 a.m. and 5:00 p.m. on Saturdays or Sundays.
(d)
Explosives and construction operations.
(e)
Agriculture.
(f)
Motor vehicle operations.
(g)
Public celebrations specifically authorized by the Township.
(h)
Surface carriers engaged in commerce by railroad.
(i)
The unamplified human voice.
D.
Vibration control. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibration motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
E.
Outdoor storage control.
(1)
No flammable or explosive liquids, solids or gases shall be stored in bulk above the ground except for tanks or drums of less than 600 gallons of fuel directly connected to energy devices, heating devices or appliances located and operated on the same lot as the tanks or drums of fuel.
(2)
All outdoor storage facilities for fuel, raw materials and products stored outdoors, including those permitted in Subsection E(1) above, shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also of screening, and the screening shall preferably be evergreens. All national Occupational Safety and Health Administration (OSHA) regulations shall be met.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by natural causes or forces, nor shall any substance which can contaminate groundwater or surface water or otherwise render groundwater or surface water undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any groundwater or surface water. Applicable Department of Environmental Protection regulations shall apply.
(4)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. Applicable Department of Environmental Protection and national OSHA regulations shall apply.
F.
Sewage waste treatment and disposal control. All methods of sewage and waste treatment and disposal shall be approved by the Pennsylvania Department of Environmental Protection and in accordance with the sewage plan for the Township. The standards of such regulations or the following, whichever is more restrictive, shall apply.
(1)
There shall be no discharge of any toxic substance, gasoline, benzene, naphtha, fuel, oil or other flammable or explosive liquid, solid or gas, any liquid having a temperature higher than 150° F. or any matter containing any ashes, cinders, sand, mud, straw shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any solid or viscous substance capable of causing obstructions or other interference with the proper operation of a sewage treatment plant or any liquid having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel or material which would be harmful to the treatment of sewage.
(2)
Acidity and alkalinity of wastes shall be neutralized with a pH of 7.0 as a daily average on a volumetric basis, with a temporary variation of pH of 5.0 to 9.0.
(3)
Wastes shall contain no cyanides and no halogens and shall not contain more than 10 parts per million of the following gases: hydrogen sulfide, sulfur dioxide and nitrogen dioxide.
(4)
Wastes shall not contain any insoluble substances in excess of 10,000 parts per million or exceed a daily average of 500 parts per million or fail to pass a No. 8 sieve or have a dimension greater than 0.25 inch.
H.
Light, glare and heat control. Lighting and glare standards shall apply to commercial and industrial uses.
(1)
All uses shall minimize the production of light, heat or glare that is perceptible beyond the property line of the lot on which the operation is situated.
(2)
No direct glare shall be permitted, with the following exceptions:
(a)
Parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground. Such luminaries shall be placed not more than 16 feet above the ground level, and the maximum illumination at ground level shall not be in excess of three footcandles at 30 feet, horizontally measured, from the light source.
(b)
A luminary less than four feet above the ground may have a cone angle of 90°.
(3)
The total of any and all direct glare and indirect glare (produced by illuminating a reflecting surface) shall not exceed 0.3 footcandle instantaneous maximum measurement or 0.1 footcandle average measurement at any side or rear lot line.
(4)
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
I.
Electric, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substations, etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by evergreen planting.
J.
Control of radioactivity or electrical emissions or electrical disturbances. Activities which may emit radioactivity beyond enclosed areas shall comply with the codes of the Pennsylvania Department of Environmental Protection Division of Radiology. The Federal Nuclear Regulatory Commission shall also regulate the control of radioactive material associated with any activity in the Township. No electrical disturbances (except from domestic household appliances) shall be permitted to adversely affect any equipment at any time other than the equipment creating the disturbance.
K.
Traffic study criteria.
[Added 8-6-2019 by Ord. No. 2019-7]
(1)
Traffic study.
(a)
Intent. To allow the Township to determine the safety and congestion impacts, and related costs, of proposed major traffic-generating uses. To require that applicants respond with reasonable proposals to resolve the negative traffic impacts that their proposed uses will cause on the public. To recognize that sufficient federal, state and municipal funds are not available to resolve traffic problems caused by private development.
(b)
Uses requiring a traffic study. Any application for any of the following new uses or expansion of existing uses shall be required to complete a traffic study and include the findings in a written report:
[1]
Residential: 50 or more new dwelling units.
[2]
Any nonresidential use or expansion of a nonresidential use consisting of 20,000 square feet or more of new or additional total floor area.
[3]
Any use or combination of uses that would generally result in greater than 500 trips per day.
[4]
Uses determined at the discretion of the Township to be located within known congestion areas.
(c)
Timing. Any required traffic study shall be submitted at the same time as whichever of the following submittals occurs first: preliminary plan, special exception, conditional use or construction permit application, as applicable.
(d)
Costs. The full costs of completing the study and of a review by the Township Engineer or other Township representative shall be borne by the applicant.
(e)
Study area. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Township Engineer to establish the area to be studied. This area shall be limited to streets and intersections within a maximum of two miles of the proposed project boundaries, except for a use projected to generate more than 3,000 trips per day, which shall have a maximum study area of three miles from the project boundaries.
(f)
Joint studies. Joint traffic studies between different applicants are strongly encouraged.
(g)
Fees. In place of individual traffic studies, the Township Supervisors may require that an applicant provide a fee in lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Supervisors.
(h)
Project description. Any study shall include a description of the proposed development, its proposed access and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed and shall be taken into account.
(i)
Existing traffic conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours shall be presented for all streets and intersections in the study area that can reasonably be expected to be impacted. Traffic volumes shall be based upon actual counts. The locations of all accidents reportable to the state police within the study area during a recent two-year period shall be noted.
(j)
Expected traffic generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity, unless the applicant provides the Township with estimates and supporting documentation based upon actual traffic counts of closely similar developments in Pennsylvania.
(k)
Projected effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from a municipality. The study shall project a.m. and p.m. peak-hour traffic volumes and levels of service on impacted intersections and streets. If the peak traffic generation by the development is not during the adjacent street peak hour, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards. Retail or other commercial uses, including but not limited to restaurants, etc., shall analyze the Saturday peak as required by the Township.
(l)
Levels of service. The study shall estimate the levels of service (A, B, C, D, E and F), for key traffic movements, including turning movements, following the standards of the Pennsylvania Department of Transportation.
(m)
Signal warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria. Existing traffic signals that are significantly impacted shall be studied to determine whether they are in need of upgrading.
(n)
Needed improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next two years. The study shall include suggestions to mitigate the impact of the proposal, and a rough estimate of the cost of that improvement.
(o)
Applicant's response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged in relation to the stages of the development. The applicant may also agree to commit towards the long-term support of a program to reduce peak-hour traffic by private vehicles, through programs such as van-pooling, support of mass transit or staggered work hours, in place of certain structural improvements.
(p)
Completion of improvements. Any traffic improvements that are required as a condition of any approval under this chapter or Chapter 260, Subdivision and Land Development, shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit or within a staged process agreed to at the time of approval.
§ 300-31 Establishment of future right-of-way widths for roads.
A.
Minimum widths established. Minimum right-of-way widths are established for roads where the existing right-of-way is less than that indicated below for the particular class of road. The future right-of-way shall be measured from the center line of the existing road. All front yards and other appropriate yards shall be measured from the future right-of-way line. The specific classification of each road is shown on the Official Street Classification Map which is hereby incorporated into and made a part of this chapter.[1]
[1]
Editor's Note: The Official Street Classification Map is located in the Township Building.
B.
Street classifications. Streets are classified as follows:
(1)
Arterial highway. Designed for medium to heavy traffic volumes at moderately high speeds to collect traffic primarily from collector streets, and restricts access to abutting properties.
(2)
Collector street. Designed to carry a moderate volume of traffic between local streets and arterial highways and to provide only limited access to abutting properties.
(3)
Local street. Designed to provide access to the abutting properties and a route to collector streets.
C.
Minimum widths. Minimum future rights-of-way are as follows:
Street Classification | Minimum Future Right-of-Way (feet) |
|---|---|
Arterial highway | 80 |
Collector street | 60 |
Local street | 50 |
Local street fronting along single-family attached housing | 60 |
§ 300-32 Frontage development along arterial and collector streets.
In order to encourage the sound development of frontage along arterial and collector streets and to minimize traffic congestion and hazard, the following special provisions shall apply:
A.
Off-street parking and loading. All areas for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out onto the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent backup of vehicles on a public street while awaiting entry to the lot.
B.
Access. Each use with less than 100 feet of frontage on an arterial or collector street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on an arterial or collector street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway in order to avoid direct access to an arterial or collector street.
C.
Large developments. In the case of a shopping center, office complex, group of multiple-family dwellings or similar grouping of buildings on a lot and in any other case where practicable:
(1)
All buildings shall front upon a marginal access street, service road, common parking lot or similar area and not directly upon a public street;
(2)
All points of vehicular access to and from a public street shall not be located less than 200 feet from the intersection of any public street lines with each other; provided, however, that such a point of vehicular access which, in effect, converts a T-intersection into an intersection of two streets which cross one another, shall be permitted;
(3)
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development, without undue congestion to or interference with normal traffic flow within the Township; and
(4)
All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of Chapter 260, Subdivision and Land Development. Provisions shall be made for adequate signalization, turn, standby and deceleration lanes and similar facilities where desirable.
D.
Nighttime illumination. All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the Township.
E.
Reverse frontage encouraged. Direct vehicular access shall be strongly discouraged onto any collector or arterial highway and reverse frontage encouraged.
§ 300-33 Nonconforming buildings, lots, structures and uses.
A.
Registration of nonconforming buildings, lots, structures and uses. The Zoning Officer shall identify and register nonconforming buildings, lots, structures and uses together with the reasons why the Zoning Officer identified them as nonconformities, upon the written request of the owner.
B.
Continuation. Any nonconforming building, lot, structure or use may be continued, maintained, improved and repaired, provided that it conforms to the remainder of this section.
C.
Alteration or extension.
(1)
Nonconforming buildings or structures. Nonconforming buildings or structures may be altered, reconstructed or expanded, provided that such alteration, reconstruction or expansion does not increase the floor area of the nonconformity by more than 50% of the building or structure existing on the effective date of this chapter, provided that the alteration or expansion meets all of the yard requirements for the specific zoning district.
(a)
A nonconforming building or structure, once razed, removed, dismantled or taken down from the location in which it existed or removed from the premises shall not be reconstructed or relocated except in conformity with all regulations of the zoning district in which it is located. In the case of a nonconforming building or structure that is proposed to be reconstructed or relocated in the same location as it existed in which it will remain a nonconforming building or structure, relocation or reconstruction may be permitted by special exception under the provisions of §§ 300-68 and 300-23. Nonconforming fences and signs may be improved and repaired in the same location; however, if the fence/sign is completely removed from the premises, a new fence/sign must meet all required setbacks and regulations. A nonconforming mobile home in a nonconforming mobile home park may be replaced with a mobile home of the same size or smaller in the same location.
(2)
Nonconforming lots. A building or structure may be constructed on a nonconforming lot, provided that the yard requirements of this chapter are observed. Contiguous nonconforming lots under common ownership shall be considered one lot.
(3)
Nonconforming uses. Nonconforming uses shall not be altered, reconstructed, expanded or enlarged, except in accordance with the following provisions:
(b)
Such alteration, reconstruction, expansion or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.
(c)
A nonconforming use may be expanded upon the same lot occupied by the nonconforming use, provided that the expansion of the use shall not exceed 50% of the land area occupied by the nonconforming use on the date the use became nonconforming. In computing the land area occupied by any nonconforming use, only the portion of the land area, if any, of the lot upon which the nonconforming use exists shall be considered.
(d)
Any building or structure lawfully conforming or lawfully nonconforming which houses a lawful nonconforming use may be expanded upon the same lot occupied by such building or structure, provided that the floor area of such building or structure shall not be increased by more than 50% of the building or structure existing on the date the use became nonconforming. Such expansion or alteration shall comply with all other provisions of this chapter pertaining to lot area, size, width, height, coverage and yard requirements.
D.
Restoration. A nonconforming building or structure or any building or structure containing a nonconforming use destroyed by fire, explosion, or other phenomenon, or legally condemned, may be reconstructed on the remaining foundation and must be of the same size as the original building, and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned, shall be completed within one year of the date commenced, and is not located within the floodplain.
E.
Ownership. Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner. However, the new owner shall reregister the nonconforming use with the Zoning Office within 60 days after final settlement.
F.
Abandonment. If a nonconforming use of a building, structure or land is discontinued, razed, removed or abandoned for 12 consecutive months, subsequent use of such building, structure or land shall conform to the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with § 300-33G and that such approved use be initiated within 30 days after the end of the twelve-month period.
G.
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 permitted as a special exception by the Zoning Hearing Board and subject to the following conditions:
(1)
The applicant shall show that a nonconforming use cannot reasonably be changed to a conforming use.
(2)
The applicant shall show that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use, with respect to or more appropriate than the existing nonconforming use with regard to:
H.
District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming buildings, structures or uses existing in the district to which the area was transferred.
§ 300-34 Density improvements required.
Proposed developments with densities greater than one dwelling unit per acre shall require the following improvements: curbs, sidewalks, fire hydrants, streetlights and Type III B street construction per the current Moore Township General Construction Standards.