Penn Township Lancaster County
City Zoning Code
City Zoning Code
PART 5
NONCONFORMITIES
§ 27-501 Continuation of Nonconforming Use.
[Ord. No. 2022-01, 1/10/2022]
If a nonconforming use of land or of a structure ceases or is discontinued for a continuous period of 12 months or more, without demonstrated efforts to market the use or renovate the property during that period of time, then the nonconforming use shall be presumed to have been abandoned, and any subsequent use of such structure or land shall be in conformity with the land use provisions of this chapter.
§ 27-503 Dimensionally Nonconforming Buildings.
[Ord. No. 2022-01, 1/10/2022]
1.
A structure or use which is lawfully nonconforming as to setbacks may be expanded as a permitted by right use, provided that the expansion is not in a manner that increases its dimensional nonconformity or creates a new nonconformity.
2.
A structure or use which is lawfully nonconforming as to lot area may be expanded as long as all setback requirements are met for the expansion, provided a nonconformity is not make more severe and no new nonconformity is created.
3.
Any lawful dimensionally nonconforming structure, or portion thereof, may be removed and reconstructed voluntarily in the same location, provided a new nonconformity is not created and an existing nonconformity is not made more severe. For example, a vehicle garage with nonconforming setbacks may be replaced with a new garage in the same location.
§ 27-504 Expansion of Nonconforming Use.
[Ord. No. 2022-01, 1/10/2022]
1.
A lawful nonconforming use may be expanded after obtaining a special exception approval and subject to the following criteria, and the special exception critical contained in § 27-605:
A.
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter, or any amendment thereto creating the nonconformity.
B.
A maximum percentage expansion limit shall not apply to lawful nonconforming agricultural uses. For other lawful nonconforming uses, the total of all such expansions of the use shall not exceed an additional 50% of the total land area occupied by the nonconforming use or the total building floor area of the nonconforming use, whichever is more restrictive, as they existed on the date on which such use first became nonconforming. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created. The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count toward the above maximum increase. For example, there may be a 30% increase beyond the initial nonconforming area, and then a later 20% increase, for a total maximum of 50%.
C.
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this chapter.
D.
Dimensional requirements for the nonconforming use expansion shall meet the standards required for permitted-by-right uses in the district in which the nonconformity in question is located.
E.
The Zoning Hearing Board shall have the authority to require improvements as part of the expansion to be compatible with surrounding properties, such as but not limited to: landscaping, enclosure of principal and accessory uses, height control, sign control, limits on hours of operation, additional setbacks for certain operations (such as trucking operations), and maintenance of all improvements and open spaces.
F.
Landscaped buffers and plant screening shall be required by the Zoning Hearing Board as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
G.
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities. For example, any expansion shall meet setback, coverage and height requirements.
H.
Any change to or expansion of a nonconformity shall meet the requirements of Chapter 8, Floodplains.
I.
A nonconforming sign shall not be expanded in a manner that increases the nonconformity.
§ 27-505 Change from One Nonconforming Use to Another.
[Ord. No. 2022-01, 1/10/2022]
1.
Any nonconforming use may be replaced by another nonconforming use if special exception approval is obtained, subject to the following criteria and the special exception criteria provided in § 27-605:
A.
The applicant shall provide credible evidence that the proposed nonconforming use will not be more intensive in external impacts than the use that is being replaced. This conclusion shall be based upon the cumulative net difference in impacts in terms of truck traffic, vehicle traffic, noise, glare, outdoor storage, and other nuisances. One type of impact may be more intensive than the previous use, provided it is fully offset by a lesser impact in another aspect, except as follows:
(1)
In any case, the new use shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m., except for hours that the previous use was open to the public; and
(2)
In any case, the new use shall not generate greater public safety hazards than the previous use, such as in the use and storage of hazardous substances.
B.
The Zoning Hearing Board may place reasonable conditions upon the new use to provide compatibility with surrounding uses and to avoid an increase in negative impacts.
C.
A portion of the lot may be changed to a conforming use, while another portion is changed from one nonconforming use to another nonconforming use.
§ 27-506 Reconstruction of Nonconformities.
[Ord. No. 2022-01, 1/10/2022]
1.
Any lawful nonconforming use or structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause may be reconstructed in the same location, provided that:
A.
The reconstructed use or structure shall not create any new nonconformity and shall not make any existing nonconformity more severe, except as may be necessary to comply with construction codes and access for persons with disabilities.
B.
Reconstruction shall begin within two years from the date of damage or destruction and shall be carried on without interruption.
§ 27-507 Previously Expanded Nonconforming Uses and Structures.
[Ord. No. 2022-01, 1/10/2022]
1.
If a structure or use of land was expanded to the limits of expansion for a nonconforming structure, or use of land as authorized by a prior zoning ordinance, no further expansion of said structure or land shall be authorized.
2.
In the event a nonconforming structure or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning ordinance, additional expansion if permitted by this chapter shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning ordinance.
§ 27-508 Nonconforming Lots of Record.
[Ord. No. 2022-01, 1/10/2022]
1.
Right to Develop a Dwelling. Except as provided in Subsection 3 below, in any district where single-family detached dwellings are permitted, a single-family detached dwelling and customary accessory uses may be erected on any lot of record held in single and separate ownership on the effective date of this chapter, or amendment which rendered such lot nonconforming, and which has continued to be held in single and separate ownership. The lot shall be able to meet all of setbacks and other ordinance requirements unless a variance is approved, except that a variance is not needed for the nonconforming lot area or lot width.
2.
A lawfully existing nonconforming lot width shall not by itself result in a lot being regulated as a nonconforming lot.
3.
Lot Merger. When two abutting nonconforming lots each have a lot area that is less than 50% of the lot area that is required by the zoning district, and the lots are in single ownership, then the lots become held in common as one parcel. In such case, a variance shall be required from the Zoning Hearing Board to resubdivide the parcel. This Subsection 3 shall apply regardless of the number of deeds held by the owner.
§ 27-509 Amortization of the Storage of Junk or Unlicensed Vehicles on Residential Properties.
[Ord. No. 2022-01, 1/10/2022]
Any external storage of junk (as defined herein) or external storage of two or more motor vehicles without a current state registration upon a property used as a principal residence that was legally existing as of the effective date of this chapter shall be considered nonconforming. If a vehicle does not display a state license plate or state inspection sticker, it shall be presumed that the vehicle does not have a current state registration. All such storage may continue for a period of up to six months from the effective date of this chapter. After the six-month continuance period, all such storage shall be removed. Failure to remove such junk shall constitute a zoning violation. Any improvements, repairs, reconstructions, or any other alterations made to the area used to store junk or unlicensed vehicles during the continuance period shall not waive the requirements for elimination of the use at the end of the continuance period, unless the junk or vehicles are moved inside a lawful building.