Sellersville City Zoning Code
ARTICLE X
Nonconforming Uses
§ 160-112 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A structure or lot that does not conform to a dimensional regulation prescribed by this chapter for the district in which it is located or to regulations for signs, off-street parking or buffering, but which structure or lot was lawfully in existence prior to the enactment of this chapter or its amendment, was lawfully in existence prior to its location in the Borough by reason of annexation or was lawfully created as a variance duly authorized by the Zoning Hearing Board.
A use, whether of land or structure, which does not comply to a use regulation prescribed by this chapter for the district in which it is located, but where such use was lawfully in existence prior to the enactment of this chapter or its amendment or prior to the application of this chapter to its location by reason of annexation.
§ 160-113 Nonconforming structures.
A.
Continuation. 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, although such use or structure does not conform to the provisions of this chapter or subsequent amendments.
B.
Restoration.
(1)
A nonconforming structure which has been damaged or destroyed by fire or other cause to an extent of less than 75% of its market value or a nonconforming structure which has been legally condemned may be reconstructed, provided that:
(a)
The reconstructed structure shall not exceed in height, area and volume the structure destroyed or condemned.
(b)
Reconstruction shall be commenced within one year from the date the structure was destroyed or condemned and shall be carried on without interruption, else the nonconforming structure status shall be void.
(2)
No structure damaged or destroyed by fire or other natural cause to the extent of more than 75% of its market value shall be repaired, reconstructed or used except in conformity with the regulations of this chapter.
C.
Extension or alteration. A nonconforming structure may be extended or altered along the existing building lines of the existing nonconformity, provided that the extension or alteration conforms with all dimensional requirements of this chapter and all other applicable regulations of this chapter.
§ 160-114 Nonconforming signs.
For nonconforming signs, see § 160-90.
§ 160-115 Nonconforming lots.
A.
Continuation. Any nonconforming lot may be continued, although such lot does not conform to the lot requirements for the district in which it is located.
B.
Construction. The provisions of this chapter shall not prevent the construction of a structure, provided that the yard, height and other applicable dimensional requirements are met, or the establishment of a use on any nonconforming lot. However, this provision shall not apply to any two or more contiguous lots in single ownership as of or subsequent to the effective date of this chapter where reparcelling or replatting could create one or more conforming lots.
C.
Variance. The Zoning Hearing Board may, by variance, reduce or waive the yard requirements on nonconforming lots where literal enforcement of such yard requirements would create an excessively small or narrow building area. The Board shall, in its deliberation on an appeal for such a variance, take into account typical existing lot sizes and existing yards in the general area where such nonconforming lot is located, giving particular consideration to existing uses and setbacks on adjacent properties as well as the provisions of § 160-128.
§ 160-116 Nonconforming uses.
A.
Continuation. Any nonconforming use may be continued indefinitely, although such use does not conform to the provisions of this chapter. Unless specifically provided by the Zoning Hearing Board for a particular use, no change of title or possession or any other change in status of a property on which a nonconforming use exists shall prevent the continuance of such nonconforming use.
B.
Extension. A nonconforming use may be extended, provided that:
(1)
Any extension shall conform with the area, building height, parking, sign and other requirements of the district in which said extension is located.
(2)
Nonconforming uses may not be extended to displace conforming uses.
(3)
Nonconforming uses may not expand across any public right-of-way.
(4)
In residential districts, any increase in volume or area of a nonconforming use shall generally not exceed 100% of such volume or area during the life or the nonconformity. Expansion beyond 100% may only be permitted by special exception, subject to the criteria contained in § 160-129.
(5)
In commercial and industrial districts, an increase in volume or area of a nonconforming use may occur on any number of contiguous lots adjacent to the lot or lots containing the original nonconformity, provided that no such increase may occur in an adjacent residential district.
C.
Change of use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
(1)
Such change shall be permitted only as a special exception by the Zoning Hearing Board under the provisions of § 160-129.
(2)
The applicant shall show that the nonconforming use cannot reasonably be changed to a permitted use.
(3)
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(4)
The proposed use is a permitted use in one or more zoning districts of the Borough of Sellersville.
D.
Abandonment. If a nonconforming use of a building ceases and is abandoned for a continuous period of one year or more, subsequent use of such building shall be in conformity with the provisions of this chapter. If a nonconforming use of land ceases or is abandoned for any length of time for any reason, subsequent use of such land shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when reasonable efforts to reestablish (such as lease, rental, sale, etc.) a nonconforming use have ceased.
E.
Delinquent properties. If the Borough or county acquires title to any property by reason of tax delinquency and such property is not redeemed and is sold as provided by law, the future use of such property shall be in conformity with all provisions of this chapter.
F.
List of nonconforming uses.
(1)
List required. Immediately after passage of this chapter or any amendment thereto, the Zoning Officer, according to procedures prescribed by the Planning Commission, shall prepare and publish a complete list of all nonconforming uses existing at the time of the adoption of this chapter or its amendment. Such list shall contain the names and addresses of the owner or owners of such nonconforming use and of any occupant other than the owner, the legal description or the County Assessor's Tax Map number, the nature of the nonconforming use and certification that a nonconforming use permit has been issued.
(2)
Procedures.
(a)
Among the procedures to be established by the Planning Commission shall be a requirement for all owners of lots occupied by a nonconforming use to secure a nonconforming use permit from the Zoning Officer. The notice which is sent by the Zoning Officer to the owner of the nonconforming use will serve as the certificate of nonconformance. Such permit shall ensure such owners the right to continue a nonconforming use within the regulations prescribed herein, shall describe the nature and extent of the nonconformity and shall list specific conditions under which such nonconforming use may continue, if any.
(b)
Within 90 days of the passage of a zoning amendment creating a nonconformity, the Zoning Officer will send notices of nonconformity which will serve as certificates of nonconformance. Following the ninety-day period, applications for certificates of nonconformance shall be made to the Zoning Hearing Board.
(c)
After any necessary corrections have been made, copies of such list shall be approved by the Planning Commission and be filed for record in the offices of the Bucks County Recorder of Deeds. The list shall be corrected yearly as the Planning Commission may prescribe.