Shrewsbury Township
City Zoning Code
City Zoning Code
PART 17
NONCONFORMITIES
§ 27-1700 Nonconforming Structures.
[Ord. No. 2015-03, 6/3/2015]
§ 27-1701 Continuation of Nonconforming Structures.
[Ord. No. 2015-03, 6/3/2015]
Any nonconforming structure may remain although such structure does not conform to the dimensional requirements of this chapter.
§ 27-1702 Restoration.
[Ord. No. 2015-03, 6/3/2015]
If any nonconforming building or structure shall be destroyed or damaged by reason of wind, storm, fire, explosion or other act of God, or torn down by the owner thereof, such building or structure may be restored or rebuilt at its original location provided that the original location is at least 16 1/2 feet from the center line of a public road or at an alternate location provided the alternate location does not involve a greater encroachment into the required setback or yard area than did the original location and provided such restoration or reconstruction is commenced within one year of the date of the casualty and it is completed within one year thereafter. Unless such building or structure is restored or reconstructed as set forth above, it shall be considered abandoned and shall not be restored or reconstructed except in conformance with the provisions of this chapter.
§ 27-1703 Extension, Expansion or Alteration.
[Ord. No. 2015-03, 6/3/2015]
A nonconforming building or structure may be extended, expanded or altered provided the extension, expansion, or alteration does not involve a greater encroachment into the required setback or yard area than did the original building or structure.
§ 27-1704 Nonconforming Lots.
[Ord. No. 2015-03, 6/3/2015]
§ 27-1705 Continuation of Nonconforming Lots.
[Ord. No. 2015-03, 6/3/2015]
Any nonconforming lot may be continued although such lot does not conform to the lot requirements of the district in which it is located.
§ 27-1706 Construction.
[Ord. No. 2015-03, 6/3/2015]
The provisions of this chapter shall not prevent the construction of a structure, provided the setback, height and other applicable dimensional requirements are met, or the establishment of a use on any nonconforming lot.
§ 27-1707 Nonconforming Uses.
[Ord. No. 2015-03, 6/3/2015]
§ 27-1708 Continuation of Nonconforming Uses.
[Ord. No. 2015-03, 6/3/2015]
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.
§ 27-1709 Extension or Expansion.
[Ord. No. 2015-03, 6/3/2015]
The Zoning Hearing Board may permit the extension or expansion of a nonconforming use provided:
1.
The extension or expansion of the nonconforming use must be confined to the lot on which the use was located at the time the use became nonconforming.
2.
Driveways, off-street parking, and off-street loading areas consistent with the standards required by this chapter must be provided.
3.
All setback, lot area, building coverage and building height requirements for permitted uses in the zoning district where the nonconforming use is located must be complied with.
4.
Extension or expansion of a nonconforming use shall be restricted to an additional area not exceeding 50% of the area devoted to the nonconforming use at the time such use became nonconforming.
5.
To the extent reasonably possible, appearance must be rendered harmonious with surrounding properties. This includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control, and maintenance in good condition of all improvements and open spaces.
6.
Buffers and screens must be provided as necessary to adequately protect neighboring properties including, but not limited to, fences, walls, plantings, and open spaces.
7.
The Zoning Hearing Board may impose such additional requirements as may be reasonable to assure that the proposed extension or expansion will not adversely affect the use or enjoyment of neighboring properties.
§ 27-1710 Change of Use.
[Ord. No. 2015-03, 6/3/2015]
Once changed to a conforming use, no building, structure or land shall be permitted to revert to a nonconforming use. The Zoning Hearing Board may by special exception permit a nonconforming use to be changed to another nonconforming use or a combination of nonconforming uses that may, but need not include, the original nonconforming use. The Zoning Hearing Board shall require that:
1.
The applicant establishes that the nonconforming use cannot reasonably be changed to a permitted use.
2.
The applicant establishes that the proposed nonconforming use or uses will not have greater adverse impact upon adjacent property and the general neighborhood than the existing nonconforming use or uses. In making this determination, the Zoning Hearing Board shall consider particularly the effect upon adjacent property and the general neighborhood of the following:
A.
Signs and lighting.
B.
Extent and appearance of buildings or structures.
C.
Traffic generation and congestion, including truck, automobile, and pedestrian traffic.
D.
Parking and loading.
E.
Emission of noise, odors, fumes, glare, vibrations, smoke vapors, gases, waste or stormwater runoff.
F.
Fire, explosion or other hazards.
G.
Storage and Waste Disposal. The proposed nonconforming uses may not cause an increase in outside storage.
3.
The total space consumed by the proposed nonconforming use or combination of nonconforming uses may not exceed the space consumed by the original nonconforming use or uses by more than 50%.
4.
If the space to be utilized for the proposed nonconforming use or uses is to be enlarged, the applicant must establish that all of the requirements set forth in § 27-1709 hereof regarding the extension or expansion of nonconforming uses will be complied with.
5.
The Zoning Hearing Board may impose such additional requirements as may be reasonable to assure that the change of use or uses will not adversely affect the use or enjoyment of neighboring properties.
§ 27-1711 Abandonment.
[Ord. No. 2015-03, 6/3/2015]
1.
If a nonconforming use of a building or land ceases and is abandoned for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter. For purposes of this chapter, abandonment shall commence when reasonable efforts to reestablish (such as lease, rental, sale, etc.) a nonconforming use have ceased.
2.
If nonconforming use of land ceased for any length of time for any reason, subsequent use of such land shall be in conformity with the provisions of this chapter.