Plumstead Township City Zoning Code
PART 27
NONCONFORMITIES
§ 27-2701 Definitions.
[Ord. 01-09-18-1, 9/18/2001, § 2700]
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure that does not comply with the applicable area, setback, yard, building height, location, size, impervious surface, or other dimensional requirements of this chapter or amendment, where such structure lawfully existed prior to the enactment of this chapter or amendments or prior to the application of this chapter or amendments to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, that does not comply with the applicable use provisions in this chapter or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendments or prior to the application of this chapter or amendments to its location by reason of annexation.
§ 27-2702 Registration of Nonconforming Uses and Structures.
[Ord. 01-09-18-1, 9/18/2001, § 2701]
The owner of the nonconforming use or structure shall, upon adoption of this chapter or amendment thereof, request to register the nonconforming use or structure with the Zoning Officer on forms available for this purpose.
§ 27-2703 Continuation.
[Ord. 01-09-18-1, 9/18/2001, § 2702]
1.
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter then at the time of such amendment, may be continued except as hereinafter provided, even though such use does not conform to the provisions of this chapter or subsequent amendments.
2.
If a property containing a lawful nonconforming use is subdivided and/or developed with a conforming use pursuant to this chapter, the nonconforming uses or uses may be continued provided that:
A.
The nonconforming use or uses meet all existing dimensional, performance, parking and natural resource standards of this chapter.
B.
The nonconforming use or uses are placed on a minimum lot of three acres for each nonconforming use, unless the nonconforming use or uses is an industrial use that shall require a minimum lot area of five acres for each nonconforming use.
§ 27-2704 Expansion of Nonconforming Uses and Structures.
[Ord. 01-09-18-1, 9/18/2001, § 2703]
1.
A structure that does not conform with the dimensional, area, parking, buffer, environmental, or other requirements of this chapter may be expanded only if the expansion meets all the requirements of this chapter and the extent of the nonconformity is not increased. A Use B1, Single-Family Detached Dwelling, may only be expanded by right along the building lines of the existing nonconformity in keeping with all applicable requirements of this chapter.
A.
In the case of a nonconforming structure which is also used for a nonconforming use, such expansion shall also meet the requirements of Subsection 2 of this section.
2.
A use that does not conform to the use regulations of the district in which it is located may be expanded by special exception, provided that:
A.
The proposed expansion shall take place only upon the same lot on which the use existed at the time the use became nonconforming. Permission to expand a nonconforming use as described in this section shall not be construed to mean that new use or uses may be established. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
B.
The proposed expansion shall conform with the setback, yard, area, dimensional, building height, parking, buffers, sign, environmental, and other requirements of the district in which said expansion is located.
C.
Any increase in building, structure, use, or floor area shall not exceed an aggregate of more than 50% of the building or floor area, whichever is less, existent at the date the use became nonconforming under this or previous ordinances, during the life of the nonconformity, and shall be permitted under the provisions of this chapter. Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in building or floor area under this chapter. A structure which is nonconforming in terms of height shall not be expanded to increase the height.
D.
No nonconforming use shall be expanded to displace a conforming use.
§ 27-2705 Restoration.
[Ord. 01-09-18-1, 9/18/2001, § 2704; amended by Ord. No. 2023-02, 2/14/2023]
A nonconforming building or structure, or any building or structure containing a nonconforming use, wholly or partially destroyed by fire, explosion, flood, or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within two years from the date the building was destroyed or condemned and shall be carried on without interruption. No further expansion of the original nonconforming use will be permitted unless it conforms to § 27-2704. If a nonconforming building or structure is removed or demolished by the owner, it shall be replaced only with a conforming structure.
§ 27-2706 Abandonment.
[Ord. 01-09-18-1, 9/18/2001, § 2705; amended by Ord. No. 2023-02, 2/14/2023]
If a nonconforming use of a building, structure, or lot is abandoned for a continuous period of one year, subsequent use of such building or land shall be in conformity with the provisions of this chapter. Abandonment shall commence when the nonconforming use ceases and/or a conforming use is established.
§ 27-2707 Nonconforming Use: Single-Family Detached Dwelling.
[Ord. 01-09-18-1, 9/18/2001, § 2706]
In districts where residential uses are not permitted, an existing nonconforming single-family detached dwelling may be maintained. A minimum lot area of one acre, or the minimum lot size required in the district, whichever is larger, shall be retained for any single-family detached nonconforming dwelling, and no subdivision shall be permitted which would reduce the lot area for the nonconforming dwelling to less than one acre. Such dwellings shall retain minimum yards as follows: front: 50 feet, sides: 25 feet each, and rear: 40 feet, except where such yards are nonconforming, in which case the extent of the nonconformity shall not be increased.
