Salisbury Township City Zoning Code
ARTICLE V
Nonconformities
§ 340-123 Continuation.
Except as otherwise provided in this article, any use, building or structure lawfully existing at the time of enactment of this chapter may be continued, although it is not in conformity with the regulations specified by this chapter.
§ 340-124 Abandonment.
If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of one year or more, subsequent use of such building, structure or land shall be in conformity with the provisions of this chapter.
§ 340-125 Expansion of nonconforming use.
Any nonconforming use may be expanded or altered upon obtaining a special exception when an applicant demonstrates that it meets the following criteria and those contained in § 340-138:
A.
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter or any amendment thereto creating the nonconformity.
B.
Except in the case of an agricultural use which shall have no limitation on building or structural expansion other than as determined through the application of applicable zoning standards (e.g., setbacks, lot coverage, permitted height, etc.), the total of all such expansions or alterations of a nonconforming use shall not exceed 25% of the area of those buildings or structures or land devoted to the nonconforming use as they existed on the date on which the use of such buildings, structures or land first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
C.
The applicant shall demonstrate that there will be provision for vehicular access, off-street parking and off-street loading consistent with standards required by this chapter.
D.
The applicant shall demonstrate that there will be provision for yards, building height, and building area consistent with the standards required for permitted uses in the district in which the nonconformity in question is located.
E.
The appearance shall be harmonious with surrounding properties; this feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control, and maintenance of all improvements and open spaces.
F.
The applicant shall provide buffers and screens as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
G.
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
H.
No expansion of a nonconforming structure or a nonconforming use located outside of a structure existing on the effective date of this chapter shall be permitted in the Floodplain Zone.
§ 340-126 Substitution of nonconforming use.
Once a conforming use is established, no nonconforming use shall be permitted in the future. The Zoning Hearing Board may, by special exception, permit the substitution of one nonconforming use for an existing nonconforming use when an applicant demonstrates that it meets the following criteria and limitations:
A.
The use proposed to be substituted shall not be more detrimental to the other uses in the zoning district than the existing nonconforming use.
B.
The proposed use to be substituted shall not generate more traffic than the existing nonconforming use.
C.
The proposed use to be substituted, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use.
D.
The proposed use to be substituted shall not generate higher levels of noise, smoke, glare or other potential nuisance conditions or safety hazards beyond the boundaries of the property than the existing nonconforming use.
E.
The proposed use to be substituted shall not be more detrimental to the neighboring properties and uses than the existing nonconforming use.
F.
The existing nonconforming use shall be completely abandoned.
§ 340-127 Restoration.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause may be reconstructed in the same location, provided that:
A.
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, and such reconstructed building or structure shall not increase any dimensional nonconformities.
B.
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
§ 340-128 Previously expanded nonconforming uses and structures.
It is the express intent and purpose of this chapter that if a building, structure, sign or land was expanded or extended to the limits of expansion for a nonconforming building, structure, sign or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure, sign or land shall be authorized. In the event a nonconforming building, structure, sign or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion if permitted by this chapter, shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance.
§ 340-129 Nonconforming lots of record.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
A.
Any nonconforming lot of record held in single and separate ownership on the date of enactment of this chapter or any amendment thereto which rendered such lot nonconforming and continuously held in single and separate ownership thereafter may be developed for any use permitted in the district in which the nonconforming lot is located, provided that such development complies with all setback, coverage, bulk, height and other requirements.
B.
Special exceptions.
(1)
No nonconforming lot of record containing any of the following characteristics may be issued a permit for construction without receiving a special exception from the Zoning Hearing Board:
(a)
The lot is less than 21,780 square feet in size;
(b)
Any portion of the lot contains slopes greater than or equal to 15%;
(c)
Any portion of the lot contains or is traversed by watercourses, floodplain, or regulated wetlands.
(d)
The lot does not contain suitable areas for an initial and a replacement septic system absorption area.
(2)
If any of the above conditions apply, the applicant shall submit an application for a special exception which contains a plot plan drawn to a suitable engineering scale accurately showing the location of all proposed improvements, initial and replacement septic systems, well, natural or man-made features, including topography drawn to two-foot contour intervals. The plot plan shall also include proposed finished grading for all proposed improvements. The Zoning Hearing Board shall, when considering said application, determine whether or not the proposed construction upon or use of the lot will endanger the health, safety or welfare of the future occupants of the lot or others, including, but not limited to, interference with neighboring wells by the proposed well or septic system(s), or the diversion or concentration of stormwater that may harm the properties of others.
C.
This subsection is applicable only to the Agricultural Zone (A). Nonconforming lots of record, less than one acre, shall not be enlarged to exceed 1.1 acres unless the remaining acreage is used to create a conforming lot of 25 acres or more. All subdivisions within the Agricultural Zone shall comply with § 340-12L of this chapter.
§ 340-130 Nonconforming signs.
[Amended 2-4-2025 by Ord. No. 2-04-25-1]
Any sign which lawfully existed and was maintained at the effective date of this chapter may be continued, provided that it meets all requirements of § 340-37A(1), (2), and (3). Any nonconforming sign which is not so maintained shall be removed and cannot be reconstructed.
§ 340-131 Amortization of nonconforming storage of junk upon residential properties.
Any external storage of junk (as defined herein) upon a property used as a principal residence that was legally existing as of the effective date of this chapter shall be considered nonconforming. All such storage may continue for a period of up to six months from the effective date of this chapter. After the six-month period, all such storage shall be removed. Failure to remove such junk shall constitute a zoning violation. Any improvement, repair, reconstruction or any other alteration made to the area used to store junk during the six-month period shall not waive the requirements for elimination of the use.
§ 340-132 Dimensional nonconformities in Agricultural Zone (A).
[Amended 2-20-2018 by Ord. No. 2-20-18-1; 9-6-2022 by Ord. No. 9-6-22-1]
A.
Within the Agricultural Zone (A), any agricultural building (other than commercial poultry or commercial hog buildings) that was legally in existence on April 1, 2003, or any new agricultural building on a lot not less than 10 acres being used for a normal agricultural operation may be expanded without obtaining a special exception or variance, provided that such building expansion does not result in a further encroachment into the yard setback requirement or exceed the lot coverage requirement.
B.
Within the Agricultural Zone (A), any agricultural use that was legally in existence on January 1, 2023, on a lot containing at least 10 acres but less than 50 acres may continue in operation, including the erection of new agricultural buildings and structures and expansion throughout the lot, without obtaining a special exception or variance, provided that such building or structure does not encroach into a yard setback requirement or exceed the lot coverage requirement.
§ 340-133 Dimensional nonconformities.
An existing structure which contains a permitted use and is nonconforming as to building setbacks or lot area may be expanded, provided that:
A.
The expanded portion of the structure will not extend nearer any street right-of-way line or other property line than the part of the existing structure which is closest to the street right-of-way line or other property line.
B.
All other yard requirements of the zoning district are met.
C.
No expansion shall be permitted which may cause danger to vehicle or pedestrian traffic on a street by obscuring the view.
D.
No expansion shall be permitted within five feet of any street right-of-way line or property line.