Perkiomen Township City Zoning Code
ARTICLE VII
Nonconforming Structures, Uses and Lots
§ 310-34 Nonconforming status.
All buildings, structures, uses of land, uses of buildings, lots and signs which do not comply with the applicable regulations of the zoning district in which they are located shall be considered nonconforming, provided that:
A.
They existed on the date of the Perkiomen Township Zoning Ordinance originally ordained and enacted on February 17, 1960 (Ordinance No. 6); or
B.
They existed on the date of an amendment to the Official Zoning Map or on the date of an amendment to or reenactment of the text of the Perkiomen Township Zoning Ordinance originally ordained and enacted on February 17, 1960 (Ordinance No. 6) and such amendment or reenactment caused the noncompliance.
§ 310-35 Nonconforming classifications.
Nonconforming status shall be classified as follows:
A.
Nonconforming use: The existing 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 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 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 passage 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 X of this chapter.
§ 310-36 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 a conforming use. A nonconforming use which has been changed to a conforming use shall lose its nonconforming status.
(2)
A nonconforming use may be changed to another nonconforming use of the same general character, provided that the applicant obtains a special exception pursuant to §§ 310-18 and 310-19B of Article IV. Where exterior structural alterations or other site modifications are proposed the following requirements shall apply in addition to the requirements of §§ 310-18 and 310-19B of Article IV.
(a)
Such use shall not increase the amount of traffic entering and exiting the site; and
(b)
Such use shall not increase the impervious coverage by more than 10% of the area of the impervious coverage existing on the site.
C.
Discontinuous. Whenever a nonconforming use, in or on the land or within a building or structure or portion thereof, has been discontinued for a continuous period of more than one year, such discontinuance shall be deemed to be an abandonment of such nonconforming use, and any subsequent use thereof shall conform to the applicable provisions of the zoning district in which such use is located, and the prior nonconforming use shall not thereafter be resumed unless a variance is granted by the Zoning Hearing Board in accordance with § 310-19A of Article IV.
D.
Extension or expansion. A nonconforming use, building or structure, not including signs, may be extended or expanded in compliance with the following requirements:
(1)
The lot on which the extension or expansion is proposed shall be limited to only that lot on which the use, building or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
(2)
The nonconforming use may be expanded on the lot on which it is located. This expansion is limited to 25% of the total lot area occupied by the nonconforming use at the time the use became nonconforming. This expansion can only be done once.
(3)
The nonconforming use of a building may be expanded within the building, provided that the expansion is limited to 25% of the gross floor area occupied by the nonconforming use at the time the use became nonconforming.
(4)
A building which houses a nonconforming use may be extended on the same lot, provided that the extension shall be limited to 25% of the gross floor area of the building as it existed at the time the use became nonconforming and the extension conforms with all the applicable dimension regulations of the district where the use is permitted or where the building is located, whichever regulations are more restrictive. All applicable performance standards shall be met.
(5)
A nonconforming building may be extended on the same lot, provided that the extension shall be limited to 25% of the gross floor area of the building existing at the time the building became nonconforming.
E.
Additional buildings and regulations. The following regulations apply to buildings.
(1)
When new ordinance provisions are adopted and affect planned construction which has not been completed:
(a)
A building under construction as of the date of adoption of the new ordinance provisions, to the extent of completion of footings, may be completed as a nonconforming building, provided that a valid building permit has been issued.
(b)
A building approved for development as part of a subdivision or land development which does not conform to the new ordinance provisions must be built within five years from the date of approval of the subdivision or land development plan.
(2)
Except as otherwise provided in Subsection E(3) below, any nonconforming structure which is destroyed or partially destroyed by fire, explosion or by any other cause to the extent of 75% or more of the market value thereof immediately prior to such damage or destruction shall not be repaired or restored to a nonconforming status but may be reconstructed and used only in conformity with the provisions of this chapter.
(3)
A nonconforming structure which is destroyed or partially destroyed by fire, explosion or by any other cause to the extent of 75% or more of the market value thereof immediately prior to such damage or destruction 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 construction 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.
(4)
Legally condemned nonconforming buildings shall not be rebuilt or used except in conformance with this chapter.
F.
Contiguous undeveloped lots. Two or more undeveloped contiguous lots held in single ownership in a subdivision approved prior to the effective date of this chapter (where each lot individually does not meet the required minimum area or width for the district in which the lots are located) shall be joined to form one lot which meets the minimum lot area and width required. If all such lots as joined do not meet the area and width requirements, they shall be considered a single nonconforming lot in accordance with § 310-35C of this article.
G.
Nonconforming signs. If and when a nonconforming sign is replaced, the new sign shall comply with the requirements of Article X 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.
H.
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.
§ 310-37 Administration.
Mapping and recording of nonconforming uses, structures and lots. The Zoning Officer may perform a survey of the Township and record and map all uses, structures and lots nonconforming to the district requirements set forth in this chapter. If the survey, record or map is not done, or is incomplete, the nonconforming status may be determined when applications for building permits are filed with the Township.
