Newlin Township City Zoning Code
ARTICLE XI
Nonconforming Use Regulations
§ 240-113 Purpose.
It is the intent of this article to allow, with conditions, the continuance of existing uses of land and structures which, as of the effective date of this chapter, do not meet the bulk, use, or other standards established by this chapter.
§ 240-114 Abandonment of structures or uses.
A.
Reestablishment of nonconforming uses. Except as provided below, no nonconforming use or structure shall be reestablished after it has been intentionally discontinued, inoperative, vacated, or abandoned, except in conformity with the provisions of this chapter.
B.
Hazards. Certain nonconforming uses that are deemed to be hazardous to the public health or welfare of the citizens of the Township may be required by the Board of Supervisors to be removed within a reasonable time.
C.
Nonconforming use of open land. All nonconforming signs, billboards, junkyards, storage areas, and other nonconforming uses of open land, when discontinued for a period of one year or damaged or deteriorated to an extent of 60% of replacement costs, shall not be continued, repaired or reconstructed, except in compliance with this chapter.
D.
Demolition. The act of demolishing, razing or removal of a structure or as defined in the International Property Maintenance Code, latest edition.
E.
Unsafe structure and equipment. A structure that is dangerous to the health, life, property or the safety of the public or occupants. A structure that contains unsafe equipment or is so damaged, dilapidated, structurally unsafe that partial or complete collapse is possible, or as defined in the International Property Maintenance Code, latest edition.
§ 240-115 Continuance of nonconforming uses of land, structures or lots.
Except as otherwise provided in this article, any use of land, structure, or lot that lawfully existed at the time of enactment of this chapter may be continued, even though the use, structure or lot does not conform with the provisions of this chapter.
§ 240-116 Expansion of nonconforming uses or structures.
Any lawful nonconforming use of land or structures, and any use contained therein, may be expanded or extended upon approval of the Zoning Hearing Board as a special exception, subject to the provisions of § 240-78 of this chapter.
§ 240-117 Restoration of damaged nonconforming structures or uses.
[Amended 7-10-2017 by Ord. No. 2017-03]
A nonconforming structure or use which is partially damaged or entirely destroyed may be rebuilt and occupied for the same use as before the damage occurred, provided the reconstructed structure or use is not larger or more intensive than the damaged structure or results in new nonconformities, and provided that a good-faith effort is made to commence reconstruction within one year after the initial damage and is completed not more than one year later.
§ 240-118 Substitution with another nonconforming use.
The Zoning Hearing Board may allow a nonconforming use or structure to be substituted with another nonconforming use or structure as a special exception, subject to the provisions of § 240-95 of this chapter.
§ 240-119 Lot size reductions prohibited.
No parcel, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot areas per dwelling unit, lot width, or other requirements of this chapter, are not maintained.
§ 240-120 District changes.
Whenever the boundaries of a district are changed so as to transfer an area from one zoning district to another district, the regulations pertaining to each district as amended shall apply to all existing nonconforming uses or structures contained within the district.
§ 240-121 Nonconforming lots of record.
Any nonconforming lot of record held in single and separate ownership on the date of enactment of this chapter or any amendment thereto which rendered such lot nonconforming and continuously held in single and separate ownership thereafter may be developed for any use permitted in the district in which the nonconforming lot is located, provided that such development complies with all setback, coverage, bulk, height and other requirements.
§ 240-122 Registration.
A.
Upon order by the Supervisors. Upon order of the Board of Supervisors, the Zoning Officer shall prepare a list of nonconforming lots, structures and uses and shall revise it as necessary.
B.
By request of the owner. The owner or tenant of a use, structure or lot that becomes nonconforming due to the adoption of this chapter, but which is otherwise lawful, may request that the Zoning Officer register the nonconforming use. This registration shall state the nature of the nonconformity and specify the extent to which the nonconformity may be continued as determined by the Zoning Officer.