Zoneomics Logo
search icon

New Britain Township
City Zoning Code

PART 23

NONCONFORMITIES

§ 27-2300 Definitions.

[Ord. 8-14-1995, § 2300]
a. 
Nonconforming use means a use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.
b. 
Nonconforming structure or lot means a structure or lot, or part of a structure or lot which does not comply with the applicable area, dimensional, parking, buffer, environmental and all other provisions of this chapter or amendment heretofore or hereafter enacted, where such structure or lot lawfully existed prior to enactment of such ordinance or amendment. Such nonconforming structures include but are not limited to, nonconforming signs.

§ 27-2301 Registration of Nonconforming Uses and Structures.

[Ord. 8-14-1995, § 2301]
The owner of the nonconforming use or structure shall, upon adoption of this chapter or amendment thereof, register the nonconforming use or structure with the Zoning Officer on forms available for this purpose. The adoption of this chapter shall not invalidate any previously registered nonconforming uses or structures.

§ 27-2302 Continuation.

[Ord. 8-14-1995, § 2302]
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 does not conform to the provisions of this chapter or subsequent amendments.

§ 27-2303 Extension of Nonconforming Uses and Structures.

[Ord. 8-14-1995, § 2303]
a. 
A structure that does not conform with the dimensional, area, parking, buffer, environmental and all other requirements of the district and this chapter may be extended only if the extension meets all the requirements of this chapter. However, such a structure may be extended by right along the building lines of the existing nonconformity in keeping with all applicable requirements of this chapter. Such extension shall be permitted only one time, and then by special exception.
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 the same ownership as that existing at the time the use became nonconforming. Permission to extend a nonconforming use as described in this Part shall not be construed to mean that 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 extension shall conform with the setback, yard, area, dimensional, building height, parking, sign, environmental and other requirements of the district in which said extension is located.
3. 
Any increase in building or floor area shall not exceed an aggregate of more than 50% of the building volume or floor area, whichever is less, existent at the date the use became nonconforming under this or previous ordinances, during the life of the nonconformity, 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, which is nonconforming in terms of height, shall not be extended to increase the height.

§ 27-2304 Changes.

[Ord. 8-14-1995, § 2304]
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
a. 
Such change shall be permitted only as a special exception by the Zoning Hearing Board.
b. 
The applicant shall show that a 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:
1. 
Traffic generation and congestion including truck, passenger car and pedestrian traffic.
2. 
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
3. 
Storage and waste disposal.
4. 
Appearance.

§ 27-2305 Abandonment.

[Ord. 8-14-1995, § 2305]
If a nonconforming use of a building or land is abandoned for a continuous period of one year, subsequent use of such building or land shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when the nonconformity use ceases.

§ 27-2306 Ownership.

[Ord. 8-14-1995, § 2306]
When a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner. A change in conformity is governed by § 27-2304.

§ 27-2307 Restoration.

[Ord. 2007-04-01, 4/26/2007]
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 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 and shall be carried on without interruption.