Royersford City Zoning Code
ARTICLE XXII
Nonconforming Buildings, Structures, Uses and Lots
§ 475-158 Nonconforming buildings, structures and uses.
A.
Continuation. Any lawful building or other structure, any lawful use of a building or other structure or land, existing on the effective date of this chapter, which does not conform with the provisions of this chapter, shall be considered a lawful nonconforming building, structure or use, and may be continued except as otherwise here provided.
B.
Extension. Any lawful nonconforming use of a portion of a building may be extended throughout the building, and any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this chapter, provided that the area of such building shall not be increased by more than a total of 25% of the area of such building existing on the date it first became a lawful nonconforming building or a building of which a lawful nonconforming use is made, and provided further that any structural alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the district in which is it located, except in the case of a single-family dwelling or other building converted into a dwelling for two or more families when permitted by special exception issued by the Zoning Hearing Board, subject to Article IV, § 475-29, herein.
C.
Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification, which shall thereafter not be subject to any further change except to a conforming use, and for such purpose a building may be extended in accordance with Subsection B above. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
D.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, flooding, windstorm, or other similar active cause, to an extent of not more than 75% of its fair market value, may be reconstructed in the same location, provided that the reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure, except as provided in Subsection B above, and reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
E.
Cost determination. In determining the restoration cost of any structure devoted to a nonconforming use or of a nonconforming structure, the cost of land or any factors other than the cost of the structure itself shall not be included.
F.
Abandonment. If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of one year or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
G.
Building condemned. A nonconforming building which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.
§ 475-159 Nonconforming signs.
Any lawful nonconforming sign, as defined in Article XVIII, § 475-130, herein, may be maintained in its present form, i.e., as it exists on the effective date of this chapter, so long as such sign continues to be in safe condition and in good repair; however, such sign may neither be replaced nor repaired at a cost exceeding 50% of the sign's original value. In addition, any sign maintained in connection with and upon the same lot as a sign similar in size and character so long as such lawful nonconforming use continues, but may not be enlarged or otherwise substantially altered except in accordance with the regulations contained in Article XVIII herein.
§ 475-160 Nonconforming lots.
The development of any lot held in single and separate ownership on the effective date of this chapter which is not of the required minimum area or width, or is of such unusual dimensions that the owner would have difficulty in providing the required setback areas for the district in which the lot is situated, shall be permitted in accordance with the requirements of Article IV, § 475-13, herein. In the case of an existing conforming use on a nonconforming lot, expansion of such use shall be permitted, and shall not require a special exception or variance, so long as all applicable requirements, other than lot area and width, are satisfied.
§ 475-161 Mapping and recording of nonconforming uses.
The Zoning Officer shall perform a survey of the Borough and record and map all uses nonconforming to the district requirements set forth in this chapter. Such record and map shall be available for inspection at the Borough municipal building.
