Penndel City Zoning Code
ARTICLE IX
Nonconformities
§ 405-47 Definitions.
As used in this article, the following terms shall have the meanings indicated:
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional regulation prescribed by this chapter for the district in which it is located or to regulations for signs, off-street parking, off-street loading or accessory buildings, but which structure or lot was in existence at the effective date of this chapter and was lawful at the time it was established.
NONCONFORMING USE
A use of a building or lot that does not conform to a use regulation prescribed by this chapter for the district in which it is located, but which was in existence at the effective date of this chapter, was lawful at the time it was established, and is duly registered under the provisions of § 405-55.
§ 405-48 Continuation.
The lawful use or existence of a building or structure, or the lawful use of any parcel of land as existing and lawful at the time of the enactment of this chapter or any amendment thereto, may, except as provided in this chapter, be continued, although such use does not conform to the provisions of this chapter or subsequent amendments.
§ 405-49 Alteration or extension.
A.
A use of land or structure which does not conform to the regulations of Article IV, Use Regulations, shall not be altered, reconstructed, extended or enlarged, except in accordance with the following regulations:
(1)
Such alteration or extension shall be permitted only by special exception under the provisions of Article XI and only upon the same lot as is in existence at the date the use became nonconforming.
(2)
Any increase in volume, area or extent of the nonconforming use shall not exceed an aggregate of more than 50% during the life of the nonconformity.
B.
A structure which does not conform to the regulations of this chapter other than Article IV, Use Regulations, may be altered, reconstructed or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became nonconforming, provided that, if the use of structure also falls under Subsection A of this section, any change shall be subject to the provisions of that subsection.
§ 405-50 Restoration.
No structure damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired, reconstructed or used except in conformity with the regulations of this chapter. Structures with damage to the extent of 75% or less of the fair market value may be reconstructed, repaired or used for the same nonconforming use, subject to the following provisions:
A.
The reconstructed structure shall not exceed the height, area or volume of the damaged structure, except as provided in § 405-49.
B.
Reconstruction shall begin within one year from the date of the damage and shall be carried on without interruption.
§ 405-51 Abandonment.
Whenever a nonconforming use has been discontinued for a period of 90 days and such use has been abandoned, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
§ 405-52 Changes.
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 Article XI.
B.
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where such nonconforming use is located.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(1)
Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
(2)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(3)
Storage and waste disposal.
(4)
Appearance.
§ 405-53 Displacement of conforming use.
No nonconforming use shall be extended to displace a conforming use.
§ 405-54 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.
§ 405-55 Registration of nonconforming uses.
The Zoning Officer shall 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 this 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 a nonconforming use shall make available such information as may be necessary to determine the extent and nature of the nonconforming use.
