Newtown City Zoning Code

Any building, structure or use of land, either principal or accessory, lawfully existing at the time of adoption of these Regulations, or any amendments thereto, may be continued although such building, structure or use does not conform with the provisions of these Regulations.

Once a nonconforming use has been abandoned, neither it nor any other nonconforming use shall thereafter be reestablished. The discontinuance of a nonconforming use and the replacement thereof by a conforming use, for any period of time, no matter how short, shall constitute abandonment of the nonconforming use. Such replacement by a conforming use shall occur when that portion of the lot or building formerly devoted to a nonconforming use is issued for a conforming use. When a nonconforming use has not been actively conducted for a period of one year for whatever reason except the reconstruction of a building or structure in which it was conducted because of casualty loss, then it shall be presumed abandoned and a Zoning Permit will be necessary before any use is made of said premises. If the owner of said premises desires to resume said presumptively abandoned nonconforming use, he may apply to the Zoning Board of Appeals which shall conduct a hearing and determine whether or not said nonconforming use was abandoned. The burden of proof shall be upon the applicant to show that the use was not in fact abandoned.

No lot on which a nonconforming use has been conducted shall be used for any other use which does not conform to the requirement of these Regulations whether or not such new use would be more or less detrimental to the neighborhood than the nonconforming use already existing.

When a building in which a nonconforming use is conducted, or which is itself nonconforming as to size, coverage, or location on the lot, is damaged or destroyed by fire, explosion, act of God or catastrophe not brought about by or on behalf of the owner, lessee or other person in possession and control of said nonconforming building, it may be restored or reconstructed and used for said nonconforming use provided that: 1. the restored or reconstructed building covers no greater area, has no greater cubic content, and is at least as conforming as to location on the lot as was the building damaged or destroyed and 2. in case of destruction of the building, a Class A-2 survey is filed with the Clerk of the Borough of Newtown, depicting its location on the lot, such survey to be filed at or before the time an application to demolish the building is filed. The foregoing notwithstanding, any such nonconformity shall be lost unless restoration or reconstruction, as the case may be, is substantially started within the later of two years from the date public sewers are available according to the plan adopted by the WPCA as of the effective date of this revision or one year from the original damage or destruction or unless the building is demolished and a Class A-2 survey is filed with the Clerk of the Borough as stated above.

No nonconforming use may be extended to any property not owned by the owner of the nonconforming use on the date on which it became nonconforming by virtue of these Regulations. No building in which a nonconforming use is conducted may be enlarged either in area or cubic content. Such a building may be otherwise altered, improved or rebuilt.

Any building in which a conforming use is conducted and which has been made nonconforming as to front, side or rear yard dimensions, height or minimum size of dwelling by virtue of these Regulations or the amendments thereto may be enlarged, altered or maintained notwithstanding any such nonconformity, provided that the enlargement or alteration of said building shall not increase the degree of such nonconformity, that said building shall comply with all other provisions of these Regulations for the zone in which it lies, and that the lot on which it is located has not, at any time after said building became nonconforming, been reduced in size so as to increase such nonconformity.

Nonconformity of any improved or unimproved lot with the provisions of these Regulations concerning minimum lot area, minimum width at the front line or minimum square shall not prevent the erection, enlargement, alteration or maintenance on such lot of a building or buildings which, as so erected, enlarged, altered or maintained shall comply with all of the other provisions of these Regulations for the zone in which it lies, if such lot was in existence on December 14, 1963, and if it was not at any time thereafter reduced in area and did not adjoin another improved or unimproved lot or lots owned or controlled by the person or persons owning or controlling the lot in question on said date or at any time thereafter.

Nonconformity of any lot as to minimum lot area, minimum width at the front lot line, minimum square, or ratio of rear to front lots, in a subdivision approved by the Commission (or the Newtown Planning Commission) prior to (effective date) shall not prevent the construction of a building thereon by a person who is not required to seek reapproval of said subdivision pursuant to 2.17 of the Newtown Land Subdivision Regulations.