New Hanover Township
City Zoning Code
City Zoning Code
PART 22
NONCONFORMITIES
§ 27-2201 Definitions.
[Ord. 3/29/1990A, § 1600]
1.
Nonconforming use means a use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.
2.
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.
§ 27-2202 Registration of Nonconforming Uses and Structures.
[Ord. 3/29/1990A, § 1601]
In the course of normal business, the Zoning Officer may, upon adoption of this chapter or amendment thereof, identify and register nonconforming lots, uses and structures with the reasons why the Zoning Officer identified them as nonconformities. Upon identifying the nonconformity, the Zoning Officer shall mail registration forms to the owner of record. The Zoning Officer shall inspect the site to determine the accuracy of the application and shall keep a record of all such nonconformities.
§ 27-2203 Continuation.
[Ord. 3/29/1990A, § 1602]
A lawful nonconforming use, structure or lot, as defined in § 27-2201, may continue except as hereinafter provided.
§ 27-2204 Extension of Nonconforming Uses and Structures.
[Ord. 3/29/1990A, § 1603; as amended by Ord. 93-2, 2/8/1993, § 93; and by Ord. 95-8B, 11/27/1995, § 27]
1.
A structure that does not conform with 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. 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.
2.
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:
A.
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.
B.
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.
C.
Any increase in building or floor area shall not exceed an aggregate of more than 25% of the building 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. However, a single-family detached dwelling (Use B1), which is nonconforming as of use, may be permitted an expansion without percentage limit of building or floor area, by right, without necessity of a special exception. 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.
§ 27-2205 Restoration.
[Ord. 3/29/1990A, § 1604]
A nonconforming building, or any building containing a nonconforming use, wholly or partially destroyed by fire, explosion, flood or other phenomenon 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 and shall be carried on without interruption. The reconstructed building shall not exceed in height, area and volume the building destroyed plus the permitted extension specified in § 27-2204.2.C.
§ 27-2206 Condemned Building.
[Ord. 3/29/1990A, § 1605]
A nonconforming building which has been legally condemned shall not be rebuilt nor used except in accordance with the provisions of this chapter.
§ 27-2207 Abandonment.
[Ord. 3/29/1990A, § 1606]
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 nonconforming use ceases.
§ 27-2208 Use Changes.
[Ord. 3/29/1990A, § 1607; as amended by Ord. 05-06, 8/22/2005, § 43]
1.
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 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:
2.
A nonconforming use, which is also a nonconforming structure or lot, may be changed to a conforming use only if the nonconformity in terms of building coverage, impervious coverage, setback, yard, area, dimensional, building height, parking, sign, environmental and other requirements of the district in which the use is located is not increased or expanded.
§ 27-2209 Development of Nonconforming Lots.
[Ord. 3/29/1990A, § 1607; as amended by Ord. 05-06, 8/22/2005, § 44; and by Ord. 07-03, 3/26/2007, § 17]
1.
The provisions of Parts 4 through 10 shall not prevent the construction of a detached dwelling on any lot that was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed; and, provided that:
A.
Such lot is not less than one acre in R-2 and R-2M districts and not loss than 80% of the minimum lot area in all other districts.
B.
Those lots not served by public water and sewers shall meet all the requirements of the Montgomery County Health Department.
C.
The percentage of lot area covered by the detached dwelling shall not exceed 15% of the are of the lot.
D.
The front and rear yards shall aggregate at least 60% of the total lot depth or meet the normal requirements of the district in which the lot is located; but in no case shall either the front yard or the rear yard be less than 30 feet.
E.
The side yards shall aggregate at least 40% of the total lot width or meet the normal requirements of the district in which the lot is located, but in no case shall either side yard be less than 12 feet.
2.
This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter. These lots shall be consolidated to minimize the nonconformity.