Perkasie City Zoning Code
ARTICLE X
Nonconforming Uses and Structures
§ 186-82 Definitions.
See § 186-5C, Definitions, in Article II for the following terms: nonconforming lot, nonconforming structure, nonconforming use.
§ 186-83 Continuation of existing uses.
The lawful use of any structure or land existing at the effective date of this chapter may be continued although such use does not conform with the provisions of this chapter, except as otherwise provided in this article. This provision applies to any use of land or structure lawful under the Perkasie Borough Zoning Ordinance of 1961.
§ 186-84 Alteration of structures.
Nonconforming structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter. In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of § 186-86, Alteration of uses.
§ 186-85 Nonconforming lots.
Nonconforming lots are subject to the applicable provisions of Articles V, Zoning Districts, and VI, Dimensional Regulations.
§ 186-86 Alteration of uses.
Nonconforming uses shall not be altered, reconstructed, extended or enlarged except in accordance with the following provisions:
A.
Such alteration, reconstruction, extension or enlargement up to 25% shall be permitted by the Zoning Officer. For alterations, reconstruction, extensions or enlargements between 25% and 50%, they shall be permitted only by special exception under the provisions of Article XI Hearings, Variances and Zoning Hearing Board.
B.
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.
C.
Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 50% (of said volume or area) during the life of the nonconformity.
§ 186-87 Reconstruction or repair of damaged structures.
A.
No nonconforming structure or structure occupied by a nonconforming use damaged by fire or other natural causes to the extent of more than 60% of the structure shall be repaired, reconstructed or used except in conformity with the regulations of this chapter.
B.
Structures with damage to the extent of 60% or less of the structure may be reconstructed, repaired or used for the same nonconforming use, subject to the following provisions:
(1)
The reconstructed structure shall not exceed the height, area or volume of the damaged structure, except as provided in §§ 186-84 to 186-86, Alteration of structures.
(2)
Reconstruction shall begin within one year from the date of damage and shall be carried on without interruption.
§ 186-88 Discontinuance or abandonment of use.
Whenever a nonconforming use has been discontinued for a period of one year and such use has been abandoned, such use shall not be thereafter reestablished and any future use shall be in conformity with the provisions of this chapter.
§ 186-89 Change of use.
A.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only under the following conditions:
(1)
Such change shall be permitted only by special exception under the provisions of Article XI, Hearings, Variances and Zoning Hearing Board.
(2)
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
(3)
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(a)
Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
(b)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(c)
Storage and waste disposal.
(d)
Appearance and consistency with the Borough's historic character and architecture.
(e)
Lighting.
(4)
The new use must comply with all applicable regulations for that use, including parking requirements, as set forth in this and all other Borough ordinances.
§ 186-90 Extension of use displacing a conforming use.
No nonconforming use shall be extended to displace a conforming use.
§ 186-91 Change of district boundaries.
Any uses, structures, or lots that become nonconforming due to a change of zoning district boundaries shall be regulated under this Article X.
§ 186-92 Nonconforming signs.
See § 186-76 in Article IX, Signs.
§ 186-93 Flood District nonconformities.
Refer to Chapter 94, Floodplain Management, of the Code of the Borough of Perkasie.
