Newtown City Zoning Code
ARTICLE VIII
Nonconformities
§ 550-46 Definitions.
As used in this section, the following terms shall have the meanings indicated:
NONCONFORMING LOT
See definition in Article II.
NONCONFORMING STRUCTURE
See definition in Article II.
NONCONFORMING USE
See definition in Article II.
§ 550-47 Continuation.
The lawful nonconforming use of any structure or land existing at the effective date of this chapter may be continued, except as otherwise provided in this article, even though such use does not conform with the provisions of this chapter. A nonconforming sign may not be replaced if destroyed.
§ 550-48 Alteration or extension.
A.
Nonconforming structures. Nonconforming structures may be altered, reconstructed, or enlarged, provided that such alteration conforms with all the dimensional requirements of this chapter, except for the nonconforming requirement. Alteration shall not increase the extent of the nonconformity existing on the effective date of this chapter; however, the alteration may extend the nonconforming part of the structure along the same line, plane, or dimension as existed on the effective date of this chapter for a distance not to exceed 16 linear feet. In the case of a nonconforming structure that is used by a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of Subsection C of this section.
B.
Nonconforming lots. No nonconforming lot shall be reduced in size, except as may be specifically permitted by this chapter as part of flexible standards. The provisions of Article VI which establish minimum lot size shall not prevent the construction of a structure 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:
(1)
The dimensions of the front and rear yards shall meet the normal requirements of the district in which the lot is located, if possible.
(2)
The side yards shall meet the normal requirements of the district in which the lot is located, but in no case shall either side yard be less than five feet.
(3)
The use of the nonconforming lot shall be required to conform to the permitted uses within the district in which the lot lies.
C.
Nonconforming uses. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(1)
The alteration, reconstruction, extension or enlargement shall be permitted only by special exception under the provisions of Article X, Zoning Hearing Board.
(2)
The alteration, reconstruction, extension or enlargement shall be only upon the same lot held in single and separate ownership at the time the use became nonconforming, even if it became nonconforming as the result of a zoning ordinance enacted prior to this chapter.
(3)
The proposed extension shall conform with the area, building height, parking, sign, impervious surface, and other requirements this chapter and of the district in which said extension is located.
(4)
A use that does not conform to the use regulations of the district in which it is located may not be expanded more than 25% in floor area, land area, and building volume devoted to such use existing at the time the use became nonconforming under this chapter or previous ordinance, during the life of the nonconformity. The 25% limit shall apply to all three standards of measurement (floor area, land area, and building volume). Uses that have reached the maximum expansion permitted under this chapter and any previous ordinances are not eligible for further expansion under this chapter. A structure that is nonconforming in terms of height shall not be extended to increase the height.
§ 550-49 Reconstruction.
A.
A nonconforming structure or structure occupied by a nonconforming use which has been damaged by fire or by other natural causes (as contrasted with deterioration due to time or neglect);
(1)
Shall only be demolished in conformity with the demolition regulations of this chapters; and
(2)
Shall only be reconstructed in the exact location of the original footprint of the structure, or so as to reduce the nonconformity, and in conformity with all regulations of this chapter.
B.
Building permits must be obtained and work must be commenced on the reconstruction of the structure within one year after the demolition of the old structure, the reconstruction must be carried on without interruption, and the reconstructed structure shall not exceed the height, area or volume of the demolished structure, except as otherwise provided in § 550-48.
§ 550-50 Discontinued use.
Whenever a nonconforming use has been discontinued for a period of two years, the use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
§ 550-51 Changes.
Once changed to a conforming use, no structure or use 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.
The change shall be permitted only by the Zoning Hearing Board, under the provisions of Article X.
B.
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use in the district where such nonconforming use is located.
C.
The applicant shall show that the proposed change will be less objectionable in external effects on the immediate area and the Borough as a whole 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)
Lighting.
(5)
Appearance and consistency with the Borough's goals of preserving historic character and architecture.
D.
The new use must comply with all applicable regulations for that use as set forth in this and all other Borough ordinances.
E.
All parking requirements for the use must be met.
§ 550-52 Displacement.
No nonconforming use shall be extended to displace a conforming use.
