Pennsbury Township, PA Zoning Ordinance

§ 162-2201 Applicability.

Except as otherwise provided in this Article XXII, the following regulations shall apply in all districts to nonconforming uses, buildings, structures, lots and signs.

§ 162-2202 Continuation.

Except as otherwise provided in this Article XXII, any nonconforming use, nonconforming building or structure, nonconforming lot or nonconforming sign, may be continued in the form and to the extent evident at the effective date of adoption of this chapter or any subsequent amendment of this chapter.

§ 162-2203 Nonconforming uses.

Except as otherwise provided in this Article XXII, all nonconforming uses shall comply with the following:

Expansion of a nonconforming use. The nonconforming use within a building, structure, or upon a lot, shall not be expanded so as to use other portions of the building, structure or lot unless the Zoning Hearing Board authorizes the expansion as a special exception. The Zoning Hearing Board 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 the interest of the municipality.

(2)

The area devoted to the nonconforming use shall in no case be increased by more than 25%. This increase shall occur only once per the existence of the nonconforming use.

(3)

The expansion of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter. Lots shall not be merged to allow for the expansion of a nonconforming use.

Expansion of a building or structure housing a nonconforming use. A building or structure housing a nonconforming use shall not be enlarged or structurally altered, except insofar as is required by law to assure the structural safety of the building or structure, or unless the Zoning Hearing Board authorizes the limited enlargement as a special exception. The Zoning Hearing Board may grant such special exception, provided that:

(1)

It is clear that such enlargement or structural alteration of the building or structure is not materially detrimental to the character of the surrounding area or the interest of the municipality.

(2)

Any extension of a building or structure housing a nonconforming use shall conform to the area and bulk requirements of the district in which it is situated.

(3)

Expansion of the nonconforming use, if proposed, is consistent with the provisions in Subsection A, above.

Change of nonconforming use.

(1)

Once changed to a conforming use, within a building, structure, or on land, the use shall not be permitted to revert back to a nonconforming use.

(2)

A nonconforming use may only be changed to another nonconforming use by grant of special exception by the Zoning Hearing Board, after a public hearing at which it is determined that the proposed new nonconforming use will be less detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration:

(a)

Traffic generated;

(b)

Nuisance characteristics (such as emission of noise, dust, odor, glare, and smoke);

(c)

Fire hazards;

(d)

Hours and manner of operation; or

(e)

Any of the conditions required for special exception approval in accordance with § 162-2408.

Reconstruction of a nonconforming use. A structure containing a nonconforming use involuntarily destroyed by fire, explosion, wind, flood, or other phenomena, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that:

(1)

The Zoning Hearing Board, as a special exception, authorizes such reconstruction. The applicant shall prove that the nonconforming use to be continued to be carried on in the reconstructed structure will have no substantial adverse impacts on the use or development of adjacent property, nor be otherwise detrimental to the public health, safety, or welfare.

(2)

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 from the date of commencement.

(3)

The reconstructed structure shall not exceed the area, bulk, and height of the damaged or destroyed structure, except as provided for in Subsection A above, or § 162-2204B, as applicable.

Unenclosed premises. Where a nonconforming use is conducted entirely on an unclosed premises, a building or structure to house or enclose such use, may be granted by special exception, by the Zoning Hearing Board, after a public hearing at which it is determined that the enclosure of the nonconforming use will be less detrimental to its neighborhood and surroundings than if it remains unenclosed. Such building or structure must conform to the area and bulk requirements of this chapter.

Abandonment of a nonconforming use. Whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued for a period of one year, such discontinuance shall be presumed to constitute an intention to abandon such use and any subsequent use of the property shall be in conformity with the provisions of this chapter.

§ 162-2204 Nonconforming buildings and structures.

Enlargement or alteration. A nonconforming building or structure being used, or proposed to be used, for a conforming use may continue and may be enlarged or structurally altered unless the alteration or enlargement would increase the nonconformity of the building or structure with respect to the setback requirements, the land coverage requirements, or other area and bulk requirements.

Reconstruction. A nonconforming building or structure being used, or proposed to be used, for a conforming use which has been seriously damaged by fire, explosion, wind, flood, or other phenomena may be reconstructed in the same location and to its former dimensions and used for the same or similar conforming use for which it was used before its damage or destruction. Reconstruction shall be commenced within one year from the date of damage or destruction and shall be completed within one year from the date of commencement.

Voluntary demolition and abandonment. Where a nonconforming building or structure housing a nonconforming use is voluntarily demolished or destroyed, including demolition by neglect, except for restoration and/or modernization, the nonconforming use, as well as the nonconforming structure, shall be deemed to have been abandoned and discontinued, and any use thereafter shall conform to the provisions of this chapter.

A nonconforming building or structure shall be used only for a permitted use unless occupied by a lawful nonconforming use as defined in this chapter.

§ 162-2205 Nonconforming lots.

Except as provided in this article, any lot lawfully existing at the time of enactment of this chapter, or any amendment thereto, may be utilized subject to the following provisions:

A nonconforming lot held on the effective date of this chapter in single and separate ownership, which does not meet the required minimum area or dimensional requirements of the applicable district, may continue to be used, a zoning permit may be issued, or a building permit may be issued, provided any one of the following conditions applies:

(1)

An existing use is permitted under the zoning requirements of this chapter or in accordance with § 162-2203, above.

(2)

A proposed use is permitted under the zoning requirements of this chapter.

(3)

An existing building or structure:

(a)

Would have been in compliance with the zoning provisions for yards, setbacks, building coverage, and lot coverage that applied to the lot as of the day prior to the effective date of this chapter; and

(b)

Adequate sewer and water facilities are provided.

(4)

In the case of a proposed building or structure:

(a)

The proposed building or structure is in compliance with the current zoning provisions for yards, setbacks, building coverage, and lot coverage; and

(b)

Adequate sewer and water facilities are provided.

Reduction of lot area. The lot area of either a conforming or nonconforming lot shall not be reduced so that the area or width of the lot shall be smaller than prescribed within the applicable district.

§ 162-2206 Nonconforming signs.

Any existing nonconforming signs may be continued, subject to the following:

Relocation. A nonconforming sign may be relocated, provided that moving such a sign would eliminate the nonconformity. A nonconforming sign shall not be moved to another position on the building or lot on which it is located after the effective date of this chapter or amendment thereto, where such sign remains nonconforming.

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.

Repair or replacement. Nonconforming signs, once removed or damaged more than 50% of the sign face area, shall be replaced with conforming signs. Nonconforming signs, with damage of 50% or less may be repainted or repaired, provided that such repainted or repaired sign does not exceed the dimensions of the existing sign or otherwise increase its nonconformity. No such sign shall be changed or replaced unless authorized as a special exception by the Zoning Hearing Board.

Discontinuance. Whenever any nonconforming use of building, structure, or land, or of a combination of buildings, structure and land ceases, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within 90 days from the date such use terminates.