New Garden Township
City Zoning Code

Continuations. Any lawful nonconforming use of a structure or of land legally existing on the effective date of this chapter may be continued, except as otherwise herein provided.

Expansion of use. When approved by the Zoning Hearing Board as a special exception in accordance with §§ 200-141 and 200-163 of this chapter, any lawful nonconforming use of land or a structure may be expanded by no more than 35% of its size, volume, area and/or extent as existed at the time the use became nonconforming. Such expansion of a nonconforming use shall be limited to the lot which was in existence at the time when the use became nonconforming. Only one such expansion shall be permitted per lot.

Change in use. Any lawful nonconforming use of a building or of land may be changed to any use permitted by right in the district in which the nonconforming use is located, or to another use of similar character through the granting of a conditional use by the Board of Supervisors of New Garden Township pursuant to the provisions set forth in § 200-152.

Continuation. Any lawful nonconforming building or structure may continue to exist and be used, provided that such building or structure shall not further deviate from the provisions of this chapter.

Restoration. The restoration of a damaged lawful nonconforming building or structure shall be permitted in accordance with the following regulations:

Extensions and expansions. When approved by the Zoning Hearing Board as a special exception in accordance with §§ 200-141 and 200-163 of this chapter, any lawful nonconforming building or structure may be extended or expanded by no more than 35% of the total floor area of said building or structure which existed at the time the building or structure became nonconforming. In granting a special exception, the Zoning Hearing Board shall consider the following, in addition to the factors set forth in §§ 200-141 and 200-163 of this chapter:

A lot which does not meet the required minimum area or dimensional requirements, or is of such unusual dimensions to prevent required applicable area and bulk standards from being met, may be used or have a building erected or altered upon it providing that all applicable provisions of this chapter are met.

In the event a lot has unusual dimensions, or other factors which prevent applicable area and bulk standards from being met, and/or where alterations or enlargements would cause further deviation from applicable zoning district requirements, a variance shall be required from the Zoning Hearing Board. In addition to variance criteria set forth in § 200-162, the applicant shall also comply with the standards set forth in § 200-141.

In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this chapter or lessen the nonconformity of the lot, such property or portions thereof shall be combined with the nonconforming lot prior to the erection or alteration of a building or structure, and to permit compliance with applicable area and bulk requirements.

Nonconforming lots. The proposed use conforms to the permitted uses in the district in which such lot lies.

Nonconforming buildings and structures. The alteration or expansion of such buildings and structures shall:

Nonconforming use. The design standards imposed for uses in the most restrictive zoning district where such nonconforming use is permitted shall apply to the use of the lot.

General. The criteria established under § 200-163 for a special exception have been met.