Schwenksville City Zoning Code
ARTICLE XIX
Nonconforming Uses
§ 176-1900 Nonconforming status.
All buildings, structures, uses of land, uses of buildings, lots and signs which do not comply with the applicable regulations of this Chapter shall be considered nonconforming, provided that:
A.
They existed on the date of adoption of this Chapter, the Schwenksville Borough Zoning Ordinance; or
B.
They existed on the date of an amendment to the Official Zoning Map or on the date of an amendment to or re-enactment of the text of this Chapter, the Schwenksville Borough Zoning Ordinance, and such amendment or re-enactment caused the non-compliance.
§ 176-1901 Nonconforming classifications.
Nonconforming status shall be classified as follows:
A.
Nonconforming Use: A use, whether of land or of structure, which does not comply with the applicable use provisions in this Chapter or amendments hereafter enacted.
B.
Nonconforming Structure: A structure which is not a sign which does not comply with this Chapter or amendments hereafter enacted, in regard to the applicable dimensional or design regulations including those relating to, but limited to, density, open space, impervious surfaces, building coverage, building height, building setback, and yard.
C.
Nonconforming Lot: A lot or site which does not comply with this Chapter or amendments hereafter enacted, in regard to the applicable dimensional regulations, including but not limited to those relating to lot area, lot depth and lot width.
§ 176-1902 Continuation.
A.
The lawful use of a lot, structure, or use existing on the adoption date of this Chapter or any amendment thereto, or authorized by a building permit issued prior thereto, may be continued, although such use does not conform to the provisions of this Ordinance. A nonconforming structure, lot or use shall be considered as such unless and until it complies with the regulations of the district in which it is located.
B.
Conforming uses in nonconforming structures. The conversion of one conforming use to another conforming use in a structure that is nonconforming shall be permitted, provided that such space to be converted in the structure was already habitable space, as defined by the PA UCC, prior to its conversion.
§ 176-1903 Changes.
A.
A nonconforming use may be changed to a conforming use. Once any nonconforming condition of the nonconforming use, structure or lot is changed to a condition which conforms with this Chapter, no use, structure or lot shall be permitted to revert to a nonconforming condition.
§ 176-1904 Discontinuance.
Whenever a nonconforming use, in or on the land, or within a 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. Notwithstanding the previous sentence, the Borough may determine that abandonment of a nonconforming use or structure has taken place irrespective of the discontinuance period of more than one year, provided that the Borough asserts evidence that there was (1) an intent to abandon the use, and (2) actual abandonment has taken place.
§ 176-1905 Extension or expansion of nonconforming structures and uses.
A nonconforming use, structure, not including signs, may be extended or expanded, provided the following requirement are satisfied:
A.
Expansion of a Nonconforming Use. A nonconforming use may be expanded, provided the following requirements are satisfied:
1.
The lot on which the extension or expansion is proposed shall be limited to only that lot on which the use, or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
2.
The proposed expansion is limited to 25% of the total lot area occupied by the nonconforming use at the time the use became nonconforming. This expansion is only permitted once.
3.
The nonconforming use of a structure may be expanded within the structure 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.
The proposed expansion, either on the lot or within a structure, shall conform to the area, height, setback, width, yard, and coverage regulations of the zoning district in which the nonconforming use is located and to all applicable zoning, stormwater management and related regulations of the Borough Code.
5.
A conforming structure 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 structure as it existed at the time the use became nonconforming and the extension conforms with all the applicable dimension regulations of the district and of the applicable use regulations.
B.
Expansion of a Nonconforming Structure. A nonconforming structure may be extended on the same lot, provided that:
1.
The extension shall be limited to 25% of the gross floor area of the structure existing at the time the structure became nonconforming.
2.
The extension or addition is built along the existing structure lines of the structure, and is no closer to the side, rear or front property than the existing nonconforming structure.
3.
Such expansion of a nonconforming structure shall not render the lot nonconforming in regard to building or impervious coverage, nor shall it exacerbate or increase the extent of nonconformity in regard to building or impervious coverage.
C.
Expansion or Construction of a Structure on a Nonconforming Lot. A structure may be altered or erected on any nonconforming lot which was lawfully in existence at the time of adoption of this Ordinance, in single and separate ownership, provided a special exception is authorized by the Borough Zoning Hearing Board in accordance with the provisions of this Ordinance. In considering a special exception, the Zoning Hearing Board may impose the following additional requirements:
1.
That the use of the nonconforming lot shall be required to conform to the permitted uses within the district in which the nonconforming lot lies.
2.
That the general area and dimensional regulations as specified within this Ordinance for conforming uses and structures in the district in which the nonconforming lot lies shall be applied to the nonconforming lot.
§ 176-1906 Reconstruction.
A.
Structures Destroyed by Fire, Explosion, Accident or Casualty. A nonconforming structure which has been destroyed or partially destroyed by fire, explosion, accident, casualty, 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:
1.
The reconstructed structure shall not exceed the dimensions of the damaged or destroyed structure, including height, area, width, depth, and volume.
2.
Structure reconstruction shall be started within two years from the date the structure was destroyed and shall be carried on without interruption.
3.
The structure will pose no hazards to safety by virtue of its location.
4.
The damage was not caused in whole or in part by the action or inaction of the property owner or its employees, agents or contractors.
B.
Condemned Structures. A nonconforming structure which has been legally condemned shall not be rebuilt or used except in full conformity with the provisions of this chapter for the zoning district where it is located.
C.
Redevelopment. A nonconforming structure, use, lot, parking area, or site improvement which is destroyed or razed including, but not limited to, demolished by neglect, through means other than fire, explosion, accident or casualty, shall be reconstructed in full conformity with this chapter for the zoning district where it is located.
§ 176-1907 Nonconforming yards.
Alterations or additions on existing single family dwelling units (Use G-2: Single-Family Attached Dwelling, Use G-3. Single Family Detached Dwelling, Use G-4: Single-Family Semi-Detached Dwelling (Twin) and Use G-5:Two-Family Detached Dwelling (Duplex)) with nonconforming yards are exempt from the side and rear yard requirements of this Ordinance, and the principal structure may be expanded along the line of the existing non-conformity, provided the existing non-conforming yard dimension is not further diminished or reduced, and provided all other dimensional criteria such as but not limited to building and impervious coverage are satisfied.
§ 176-1908 Nonconforming signs.
Nonconforming signs shall be governed by § 176-1816, Nonconforming Signs, of this Chapter.