North Wales City Zoning Code
ARTICLE XIX
Nonconforming Uses, Lots, Buildings, and Structures
§ 208-99 Intent.
It is the intent of this section to provide for the continuance of lawful existing uses, lots, buildings and structures which would be prohibited or restricted under the terms of this Zoning Code, as adopted, and to subject such uses, lots, buildings, structures, and signs to reasonable regulations and restrictions for the protection of the public health, safety and welfare.
§ 208-100 Nonconforming uses.
A.
Continuance. The lawful use of a structure, building or land existing on the adoption date of this chapter or any amendment thereto may be continued although such use does not conform to the provisions of this chapter.
B.
Unlawful use. If a lawful nonconforming use of land or of a building ceases for any period of time and if a use is made thereof which is unlawful under the terms and conditions of this chapter, the prior nonconforming use may not thereafter be continued, and subsequent use of such land or building shall be in conformity with the provisions of this chapter.
C.
Discontinuance. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of 365 days or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
D.
Change of use.
(1)
A nonconforming use of a building or of land may be changed to a use which is permitted in the zoning district in which the property is located. Once changed to a conforming use, no structure or land shall be permitted to revert to the previous nonconforming condition or use.
(2)
A nonconforming use may be changed to another nonconforming use when authorized as a special exception by the Zoning Hearing Board and when the following conditions are met:
(a)
The applicant shall demonstrate that the nonconforming use cannot reasonably be changed to a use permitted in the zoning district in which the property is located.
(b)
The proposed use shall be less objectionable in external effects than the existing nonconforming use. The applicant shall provide supporting evidence that demonstrates how the proposed use would be an improvement over existing conditions, including on the following factors:
E.
Restoration of a building destroyed. A building, accessory building or accessory structure occupied by a nonconforming use may be reconstructed and the use reestablished when in compliance with § 208-102A(2).
F.
Maintenance. Nothing in this section shall prevent the strengthening or restoration to a safe condition of any walls, floor, foundation, or roof of a building occupied by a nonconforming use which building has been declared unsafe by the Borough Building Code Official.
G.
Extension or expansion. A nonconforming use within a building or on a lot may be expanded by no more than 25% of the gross floor area as it existed in size and scope on the date it first became nonconforming.
§ 208-101 Lots nonconforming with dimensional requirements.
A nonconforming lot, due to its lot area or width, existing as of the effective date of this chapter or created by an amendment to this chapter, may continue but shall be subject to the regulations herein.
A.
Any existing building or structure located on a nonconforming lot may continue to be used for any use permitted by the district within which it is located so long as all other requirements of this chapter are complied with.
B.
A nonconforming lot may be developed and used for any use permitted by the district within which it is located so long as all dimensional requirements other than the nonconforming lot area and/or lot width are complied with.
§ 208-102 Nonconforming buildings and structures.
A.
Buildings or structures that are nonconforming to the dimensional requirements as set forth in this chapter shall be subject to the following:
(1)
Continuation. An existing dimensionally nonconforming building or structure lawfully constructed on the effective date of this chapter or any amendment thereto may be continued.
(2)
Restoration. A building, accessory building or accessory structure which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to demolition by neglect as defined in § 208-8) may be reconstructed, provided that:
(a)
The restored building does not exceed in height, area or volume the building damaged or destroyed;
(b)
The reconstructed building shall have the exact location of the building destroyed or shall conform with all the height, area, width, yard and coverage requirements for the zoning district; and
(c)
Reconstruction is commenced within 365 days from the date the building was damaged or destroyed.
(3)
Extension or expansion. Buildings or structures that are nonconforming to the dimensional requirements in this chapter may be expanded or extended subject to the following limitations:
(a)
The parcel on which extension or expansion occurs shall include only that lot, held in single and separate ownership, on which the building or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
(b)
In cases where a building or structure is nonconforming as to front, side or rear yard setback, an addition may be built on a line with the existing building, as long as it does not create an additional encroachment into a required setback.
B.
Buildings and structures under construction. A building or structure for which a valid building permit has been issued and is actually under construction may be completed as a nonconforming building or structure.
§ 208-103 Nonconforming site improvements.
Where nonconforming site improvements other than buildings exist, such nonconformities may continue, and the nonconforming site condition may be altered only as provided below; such site improvements include fences, walls, buffers, off-street parking areas, and similar site improvements.
A.
No change shall be made in any nonconforming site improvement which increases the nonconformity.
B.
Where existing off-street parking facilities are nonconforming to the requirements of § 208-61, General standards for parking areas, the continued use of such parking facilities is permissible so long as the degree of nonconformity is not expanded. Nothing herein shall be construed to permit noncompliance with § 208-62, Minimum parking requirements by land use.
§ 208-104 Nonconforming signs.
Refer to § 208-94, Nonconforming signs.