Nockamixon Township
City Zoning Code
City Zoning Code
ARTICLE XI
Nonconforming Uses
§ 234-86 Nonconforming uses, lots and structures.
A.
A nonconforming use is a use whether of land or of structure which does not comply with the applicable use provisions in this Zoning Ordinance or amendments heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendments. Such lawful uses in existence at the time of adoption of this chapter shall be deemed nonconforming uses and shall be regulated by the provisions of this article.
B.
A nonconforming structure or lot is a structure or lot which does not comply with the area, setback, yard, building height, location, size, impervious surface or other dimensional requirements of the Zoning Ordinance or amendments heretofore or hereafter enacted where such structure or lot complied with such regulations at the time the structure was constructed or the lot created. Such structures or lots shall be deemed nonconforming lots or structures and shall be regulated by the provisions of this article.
§ 234-87 Alteration or extension.
A.
A use or structure that does not conform with the setback, yard, building height or other dimensional requirements of the district in which it is located may be extended, provided that:
(1)
The extension conforms with all the dimensional requirements of this chapter and with all other applicable regulations of this chapter.
(2)
If the use or structure falls under Subsection B of this section, any change shall be subject to the provisions of that subsection.
(3)
A nonconforming structure may be extended by right along the building lines of the existing nonconformity so long as the expansion does not encroach into the front, rear or side yard with respect to which it is now conforming.
[Added 11-9-1994 by Ord. No. 79]
B.
A use that does not conform to the use regulations of the district in which it is located may be extended, provided that:
(1)
The proposed extension shall take place only upon the lot or lots 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.
(2)
The proposed extension shall conform with the area, building height, parking, sign, impervious surface and other requirements of the district in which said extension is located.
(3)
Any increase in volume or area of the nonconforming use shall not exceed a maximum aggregate of more than 50% of such volume or area existent at the date the use became nonconforming under this or previous ordinances, during the life of the nonconformity. Uses that have reached their maximum expansion allowance under previous ordinances are not eligible for further expansion under this chapter. A structure which is nonconforming in terms of height shall not be extended to increase the height.
§ 234-88 Discontinued use.
Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this chapter.
§ 234-89 Changes in nonconforming uses.
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 by special exception, under the provisions of this chapter.
B.
The applicant shall show that a nonconforming use cannot be reasonably 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:
§ 234-90 Building destroyed.
A nonconforming building or a building occupied by a nonconforming use which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use, provided that:
A.
The reconstructed building shall not exceed in height, area and volume the building destroyed except that extensions may be made as provided in § 234-88 hereof.
B.
Building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption.
§ 234-91 Building condemned.
A nonconforming building which has been legally condemned shall not be rebuilt or used for nonconforming purposes.
§ 234-92 Nonconforming signs.
[Amended 2-13-2001 by Ord. No. 103]
A.
Any sign, sign board or advertising device, existing at the time of the passing of the 1990 Zoning Ordinance that does not conform in use, location, height or size with the regulations of the district in which it is located shall be considered a nonconforming sign.
B.
A nonconforming sign may be refurbished, renewed or replaced under the following conditions:
(1)
The area dimensions of the renewed, refurbished or replaced sign, excluding any supporting framework, poles, bracing and/or roof, shall not exceed the area dimensions of the prior nonconforming sign area.
(2)
The renewed, refurbished or replaced sign, including its supporting framework, poles, bracing and/or roof, does not increase any nonconforming aspect of the prior sign and/or its supporting framework, poles, bracing and/or roof.
(3)
If the Township Engineer, local police and, on state highways, the Pennsylvania Department of Transportation, determine that the location of the sign, including its supporting framework, poles, bracing and/or roof, poses any traffic hazard, the sign shall be relocated to, a safe location and/or its size and design shall be modified as recommended by the Township Engineer, local police and/or Pennsylvania Department of Transportation.
§ 234-93 Displacement.
No nonconforming use shall be extended to displace a conforming use.
§ 234-94 Registration of nonconforming uses.
The Zoning Officer may provide for the registration of all uses which are nonconforming under the terms of this chapter within a reasonable time after the effective date of the chapter. The record of nonconforming uses shall certify, after inspection, the extent and kind of use and disposition of the buildings and land. Upon notification, each occupant or owner of a premises used for nonconforming use shall make available such information as may be necessary to determine the extent and nature of the nonconforming use.