Norristown City Zoning Code
ARTICLE XXV
Nonconformities
§ 320-290 Establishment and continuation.
A.
Standards.
(1)
A lot, structure or use which does not conform to the applicable regulations of this chapter for the district where such structure, lot or use is located but was lawfully in existence prior to the effective date of such regulation shall be deemed nonconforming.
(2)
Whenever the regulations of this chapter are amended, including the creation of a new district or the relocation of district boundaries, the provisions of this article shall apply to any nonconformities created by such amendment.
(3)
Any nonconforming lot, nonconforming structure or nonconforming use may be continued, maintained, improved and repaired, provided that it conforms to the requirements of this article.
(4)
Whenever a lawful nonconforming lot, nonconforming structure or nonconforming use is sold to a new owner, such nonconformity may be continued by the new owner.
§ 320-291 Alteration or extension.
A.
Standards.
(1)
Nonconforming lots.
(a)
A structure may be constructed on a nonconforming lot, provided that the applicable yard requirements of this chapter are met.
(b)
An undeveloped, nonconforming lot may be devoted to a use permitted in the district in which such lot is located, provided that the applicable yard requirements of this chapter are met.
(c)
In the case of a nonconforming lot which is occupied by a nonconforming use, any extension or enlargement shall also meet the requirements of § 320-291A(3)(b).
(2)
Nonconforming structures.
(a)
A nonconforming structure may be altered or enlarged, provided that such alteration or enlargement does not increase the degree of nonconformance, increase the size of the nonconforming part of the structure or create a new nonconformity.
(b)
In the case of a nonconforming structure which is used by a nonconforming use, such alteration or enlargement shall also meet the requirements of § 320-291A(3)(b).
(3)
Nonconforming uses.
(a)
Changes.
[1]
A nonconforming use may be changed to a conforming use by obtaining a valid zoning permit.
[2]
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
[3]
A nonconforming use may be changed to another nonconforming use only if permitted by special exception granted by the Zoning Hearing Board in accordance with Article XXI, Special Exceptions, and after the following conditions are met:
(b)
Extension or enlargement.
[1]
The extension or enlargement of a lawful nonconforming use shall be only upon the same lot in existence on the date the use became nonconforming.
[2]
A lawful nonconforming use of a portion of a building may be extended throughout the building as it existed on the date the use became nonconforming.
[3]
A lawful nonconforming use on a conforming lot may be extended to a new building or portion of a building on the same lot only to the extent that:
[a]
All new construction shall comply with all of the applicable yard requirements and coverage standards of the district in which the building is located.
[b]
Such extension shall not expand the building footprint by more than 25%.
[c]
Such extension shall not result in a building of more than two stories in height.
[4]
An extension or enlargement of a nonconforming use which does not conform to the requirements of Subsection A(3)(b)[1], [2] or [3] shall only be based on a variance granted by the Zoning Hearing Board in accordance with the standards of § 320-357.
§ 320-292 Restoration or reconstruction.
A.
Standards.
(1)
Nonconforming structures.
(a)
If a nonconforming structure is damaged or destroyed in any manner, regardless of the cause, to the extent that the cost of restoration to the condition prior to such damage or destruction does not exceed 75% of the cost of constructing the entire structure, then the restoration of such nonconforming structure may include restoration of the original nonconformity, provided that a building permit for such restoration is obtained within 18 months from the date of such damage or destruction and restoration is completed in accordance with the terms of the building permit.
(b)
If a nonconforming structure is damaged or destroyed in any manner, regardless of the cause, to the extent that the cost of restoration to the condition prior to such damage or destruction exceeds 75% of the cost of constructing the entire structure, then the restoration of such structure shall comply with all provisions of this chapter.
(2)
Nonconforming uses.
(a)
Abandonment.
[1]
If a nonconforming use of a structure or land is discontinued or abandoned for 365 consecutive days, subsequent use of such building or land shall conform to the regulations of the district in which it is located.
[2]
The act of abandonment and the intent to abandon shall be presumed to commence on the date when customary efforts to continue the use (operation, lease, sale, obtaining or renewing a rental license, etc.) cease.
[3]
Notwithstanding Subsection A(2)(a)[1] and [2] above, the failure to obtain or renew an annual rental license (as required by Chapter 245 of the General Laws of Norristown) for a nonconforming multifamily residential use for 365 consecutive days, combined with a physical inspection of the structure conducted by the Norristown Codes Department revealing that the structure is vacant, shall constitute both the actual abandonment and the intent to abandon the nonconforming use, requiring any subsequent use to conform with the regulations of the district in which the property is located.
(b)
Damage or destruction.
[1]
If a structure or set of structures devoted to a nonconforming use is damaged or destroyed in any manner, regardless of the cause, to the extent that the cost of restoration to the condition prior to such damage or destruction does not exceed 50% of the cost of constructing the entire structure or set of structures, then such structures or set of structures, when restored, may be devoted to the original nonconforming use, provided that a building permit for such restoration is obtained within 18 months from the date of such damage or destruction and restoration is completed in accordance with the terms of the building permit.
[2]
If a structure or set of structures devoted to a nonconforming use is damaged or destroyed in any manner, regardless of the cause, to the extent that the cost of restoration to the condition prior to such damage or destruction exceeds 50% of the cost of constructing the entire structure or set of structures, then such structure or set of structures, when restored, may be devoted only to those uses which conform to the regulations of the district in which it is located.
(3)
Measurement of costs. For purposes of this section, the restoration costs of any damaged or destroyed structure shall include only the present costs of actually reconstructing the damaged or destroyed structure and the construction costs of such structure shall include only the present costs of actually constructing such structure and shall not include the costs of land, personal property or structural alterations.
§ 320-293 Registration.
Upon adoption of this article, the Zoning Officer shall develop procedures to identify and register nonconforming uses and structures.