Pennsburg City Zoning Code
ARTICLE XVI
Nonconforming Structures, Uses, and Lots
§ 110-1600 Nonconforming status.
Any building, structure, use of land, use of buildings, lot, and sign which does not conform to all of the applicable regulations of the district in which it is located or does not conform to other applicable requirements of this chapter shall be considered as nonconforming if it meets one or more of the following:
A.
It lawfully existed on the date of passage of this chapter.
B.
It lawfully existed on the date of passage of a text or map amendment to this chapter, which amendment caused the nonconforming status.
§ 110-1601 Nonconforming classifications.
Nonconforming status shall be classified as follows:
A.
Nonconforming use: the existing lawful use of land and/or buildings and/or structures upon the land which does not conform to any of the permitted uses of the district in which it is located.
B.
Nonconforming building or structure: any existing lawful building or structure that does not conform to the height, location, size, bulk, or other dimensional requirements of the district in which it is located. This does not include signs.
C.
Nonconforming lot: any existing lawful lot which does not conform to the area and/or width requirements for lots in the district in which it is located.
D.
Nonconforming sign: Any sign, signboard, billboard, or advertising device existing at the time of the passing of this chapter that does not conform in use, location, height, or size with the regulations of this chapter shall be considered a nonconforming sign and shall also be governed by the requirements of Article XV of this chapter.
E.
Temporary nonconforming use: A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than 100 days on the approval of an application for a special exception by the Zoning Hearing Board, in accordance with the provisions of Article XVIII of this chapter.
§ 110-1602 Nonconforming regulations.
The following regulations shall govern all properties to which nonconforming status is applied:
A.
Nonconforming status shall continue, and a property may continue to be used as nonconforming until it complies with the requirements of this chapter.
B.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming use which is equally appropriate or more appropriate to the district in which the property is located, and is no more detrimental than the existing nonconforming use, as a special exception by the Zoning Hearing Board in accordance with the provisions of Article XVIII of this chapter.
(2)
A nonconforming use shall not be changed to another nonconforming use which is less appropriate to the district in which the property is located and/or is more detrimental than the existing nonconforming use.
(3)
If a nonconforming use is changed to a conforming use, then the previous nonconforming status shall become null and void in accordance with § 110-1602C, below.
C.
Discontinuance. A nonconforming use, when discontinued, may be resumed any time within one year from such discontinuance, but not thereafter, unless a variance is granted by the Zoning Hearing Board in accordance with Article XVIII of this chapter. The resumption may be of the same use, or another nonconforming use which is equally appropriate or more appropriate to the district in which it is located, but shall not be less appropriate or more detrimental than the previous nonconforming use.
D.
Extension or expansion. A nonconforming use, building, or structure, not including signs, may be extended or expanded in compliance with all of the following:
(1)
The parcel on which extension or expansion occurs shall include only that lot, held in single and separate ownership, on which the use, building, or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
(2)
Nonconforming use of a building may be extended throughout the building only in compliance with § 110-1602D(6) of this chapter.
(3)
A building which houses a nonconforming use may be expanded only in compliance with § 110-1602D(6) of this chapter.
(4)
A nonconforming use may be extended to a new building on the same lot only in compliance with § 110-1602D(6) of this chapter, and provided that the nonconforming use continues in the existing building.
(5)
A nonconforming building may be expanded only in compliance with § 110-1602D(6) of this chapter.
(6)
Extension and/or expansion as permitted in Subsection D(1), (2), (3), (4) and (5) above shall be permitted only by special exception by the Zoning Hearing Board in accordance with the provisions of Article XVIII of this chapter, provided that all extension and/or expansion shall comply with all the standards of the district in which the use or building is located, including dimensional standards, parking standards, and all building coverage and impervious coverage limitations. Physical expansion of a nonconforming building or building housing a nonconforming use shall be permitted only one time and shall be limited to 25% of the gross floor area of the existing building. Expansion of a nonconforming use throughout an existing building shall also be permitted only one time and shall be limited to 25% of the gross floor area taken up by the existing nonconforming use.
E.
Additional building regulations. The following regulations apply to buildings:
(1)
When new ordinance provisions are adopted and affect planned construction which has not been completed:
(a)
Buildings under construction as of the date of adoption of new ordinance provisions, to the extent of completion of footings, may be completed as nonconforming buildings, provided that valid building permits have been issued for those buildings.
(b)
Buildings not yet under construction shall be built in conformance to the new ordinance provisions.
(c)
The use or uses of buildings governed by Subsections E(1)(a) and/or (b) above shall comply with the permitted uses for the district in which they are located.
(2)
Nonconforming primary structures damaged or destroyed by fire, explosion, accident, or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used as before, provided that:
(a)
The reconstructed building shall not exceed the dimensions of the damaged or destroyed building, including height, width, depth, and volume.
(b)
Building reconstruction shall be started within one year from the date the building was damaged or destroyed and shall be carried out without interruption.
(c)
The building will pose no hazards to safety by virtue of its location.
(3)
Legally condemned nonconforming buildings shall not be rebuilt or used except in conformance with this chapter.
F.
Development of nonconforming lots. A single-family detached dwelling unit may be constructed on a nonconforming lot in a residential zoning district in accordance with the dimensional requirements of the district. Relief from dimensional requirements which present a hardship may be sought through the Zoning Hearing Board variance procedure.
G.
Contiguous undeveloped lots. Where two or more contiguous undeveloped lots are held in single ownership, within a subdivision which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots may be developed only in groups thereof in order to provide the minimum lot area and width required. When all lots in single ownership are combined and still do not meet area and/or width requirements, they may be considered a single nonconforming lot in accordance with § 110-1602F of this chapter.
H.
Nonconforming signs. If and when a nonconforming sign is replaced, the new sign shall comply with the requirements of this chapter. "Replacement" shall not include simply revising the text or color of the sign but shall refer to structural replacement and/or relocation of the sign.
I.
Conforming uses in nonconforming buildings or lots. The conversion of one conforming use to another conforming use on a lot or in a building that is nonconforming shall be permitted by special exception from the Zoning Hearing Board in accordance with the provisions of Article XVIII of this chapter.
§ 110-1603 Administration.
A.
Mapping and recording of nonconforming uses, structures and lots. The Zoning Officer may perform a survey of the Borough and record and map all uses, structures and lots nonconforming to the district requirements set forth in this chapter. Such record and map shall be available for inspection at the Borough Municipal Building. For each property identified, the Zoning Officer shall have on file a written record documenting the evidence and reasoning that led to the assignment of nonconforming status. If the survey, record, and map are not done, or are incomplete, the nonconforming status may be determined when applications are filed with the Borough.
B.
Jurisdiction. In all matters pertaining to nonconforming status, the Zoning Officer shall make the initial determination.
(1)
The Zoning Officer may seek the advice of the Borough Solicitor and/or others in making a determination.
(2)
If it cannot be determined by means of positive documentation that a use, structure or sign was in lawful existence at the time an ordinance or amendment would have rendered it nonconforming, the Zoning Officer must refuse to confer nonconforming status.
(3)
If the applicant disagrees with the Zoning Officer's determination, the applicant may appeal to the Zoning Hearing Board as provided in the Municipalities Planning Code (Pennsylvania Act 247, as amended)[1] and in this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
