North Coventry Township
City Zoning Code
City Zoning Code
ARTICLE XV
Nonconforming Regulations
§ 370-119 Applicability.
The regulations of this article shall apply to nonconforming uses, structures, lots, and signs, as defined below.
A lot or site which does not comply with the applicable dimensional regulations, including those related to site area, lot area, and lot width, in this chapter or amendments hereafter enacted where such lot was lawfully in existence prior to enactment of this chapter or amendments.
Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height or size to the regulations of Article XIII, Signs.
A structure which does not comply with the applicable dimensional regulations, including those relating to density, impervious surfaces, building coverage, building height, and setbacks in this chapter or amendments hereafter enacted where such structure was lawfully in existence prior to enactment of this chapter. Such structures include, but are not limited to, buildings, fences, and swimming pools.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendments hereafter enacted where such use was lawfully in existence prior to the enactment of this chapter or amendments.
§ 370-120 Continuation.
Any lawful building or other structure, or any lawful use of a building, land or sign legally existing at the time of adoption of this chapter, or authorized by a building permit issued prior thereto, may be continued in the form evident at the time of adoption of this chapter.
§ 370-121 Nonconforming use.
A.
Expansion. The nonconforming use of a building or of a lot shall not be expanded so as to use other portions of the building or lot and a nonconforming building housing a nonconforming or permitted use shall not be expanded or structurally altered, except insofar as is permitted by law to assure the structural safety of the building; unless the Zoning Hearing Board shall, by special exception as hereinafter provided, authorize the expansion of such use or building. The Zoning Hearing Board, upon proper application, may grant such special exception, provided that:
(1)
It is clear that such expansion is not materially detrimental to the character of the surrounding area or to the interest of the municipality.
(2)
The area devoted to the nonconforming use shall not be increased more than once during the life of the use. In addition, the area devoted to the nonconforming use shall not be increased more than 50% above its original size.
(3)
Any expansion of the building or of a lot having a nonconforming use shall conform to all applicable area and bulk regulations of the district in which it is situated and to all regulations applicable to such a use in the district or districts.
B.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming use by the grant of a special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be similar to or less detrimental to its neighborhood and abutting properties than is the use it is to replace. In evaluating relative detriment, the Zoning Hearing Board shall take into consideration, among other things: potential traffic generation; nuisance characteristics such as emission of noise, dust, odor, glare and smoke; fire hazards; and hours and manner of operation.
(2)
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
C.
Restoration. A structure containing a nonconforming use involuntarily destroyed by fire, explosion, flood or other phenomena, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that:
(1)
Reconstruction of the structure shall commence within one year from the date the structure was destroyed or condemned and shall be completed within one year of the date commenced.
D.
Discontinuance or abandonment. If a nonconforming use of a structure or land is razed or removed or discontinued or abandoned for 12 or more consecutive months, subsequent use of such structure or land shall conform with the regulations of the district in which it is located. However, the same nonconforming use shall be allowed, provided the request for the nonconforming use is filed within the twelve-month period and thereafter approved by the Zoning Hearing Board and the permit application for such approved nonconforming use is filed within 30 days after the decision of the Zoning Hearing Board.
§ 370-122 Nonconforming structure.
A.
Alteration, renovation, or enlargement.
(1)
Nonconforming structures may be altered, renovated, or enlarged provided that such alteration, renovation or enlargement does not increase the floor area of the structure as it existed on the date when the structure became nonconforming. Such alteration, renovation or enlargement shall not increase any existing nonconformity. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 370-121A of this article. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 370-123C of this article.
(2)
Any structural alteration of or addition to existing buildings shall conform with all area and bulk regulations including minimum area, height, width, yard and coverage requirements for the district in which it is located as well as building code regulations currently in effect.
B.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other active cause may be reconstructed in the same location provided that:
§ 370-123 Nonconforming lot.
A.
A building may be constructed on a nonconforming lot of record in existence at the effective date of this chapter under the following circumstances:
(1)
An owner of two or more contiguous nonconforming lots which, if combined, would create a lot of conforming size, shall be required to combine such lots prior to the issuance of a building permit.
(2)
A building may be constructed on a lot which is nonconforming solely in respect to lot area requirements, when authorized by the Zoning Officer.
(3)
Where the side, rear or front yard setbacks cannot be met, a special exception to construct a building on a nonconforming lot may be authorized by the Zoning Hearing Board.
B.
No lot area shall be reduced so that the area or width of the lot or the applicable setback dimensions shall be smaller than herein prescribed.
C.
An existing structure located on a lot nonconforming as to area may be used for the use permitted in the district in which it is located, provided the structure complies within all bulk requirements of that district. If a nonconforming structure is located on a nonconforming lot, such structure may be used for a use permitted in the district in which it is located when it is determined by the Zoning Officer, or by the Zoning Hearing Board on appeal, that the proposed use is not injurious to health, safety, morals, and general welfare of the Township in general and the surrounding property owners in particular.
§ 370-124 Nonconforming sign.
Any nonconforming sign legally existing at the time of the passage of this chapter shall be bound by following regulations:
A.
Moving. A nonconforming sign may be moved provided that moving such a sign would eliminate the nonconformity. A nonconforming sign shall not be moved to a position where such sign remains nonconforming unless permitted by special exception.
B.
Area. The total area of all such signs relating to a single use at the effective date of this chapter, or at the effective date of any amendment of this chapter by which any sign shall be made nonconforming, shall not be increased.
C.
Repair or replacement. Nonconforming signs, once removed or damaged more than 60%, including structural framing or bracing, shall be replaced only with conforming signs. Nonconforming signs with damage of 60% or less may be repainted or repaired, provided that such repainted or repaired sign does not exceed the dimensions of the existing sign.
D.
Discontinuance. Whenever any nonconforming use of building, structure, or land, or of a combination of buildings, structures, and land ceases as prescribed in § 370-121D, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within 30 days from the date such use terminates.