South Hanover City Zoning Code
ARTICLE XVI
Nonconforming Buildings and Uses
§ 27-1601 Compliance with regulations.
[Ord. No. 2-1995, § 1601, 4/11/1995; Ord. No. 2-2007, § 16, 5/22/2007]
All lawful uses of land or of a lot, building or other structure, (except signs as regulated by § 27-1706 of this chapter) existing on the effective date of this chapter may be continued, altered, restored, reconstructed, changed, sold or maintained even though such use may not conform to the use, height, area, yard and other regulations of the district in which is it located; provided, such nonconforming conditions shall comply with the following.
§ 27-1602 Continuation.
[Ord. No. 2-1995, § 1602, 4/11/1995]
The Zoning Officer shall be responsible for the proper registration of premises occupied by a lawful nonconforming use, building and/or structure existing after the effective date of this chapter and issuance of a certificate of nonconformance which shall be for the purpose of insuring to the owner the right to continue such nonconformity in accordance with the provisions of this chapter. It is the property owner's responsibility to assist the Zoning Officer in the identification and registration of nonconforming uses, lots, buildings and structures they are accountable for.
§ 27-1603 Alterations.
[Ord. No. 2-1995, § 1603, 4/11/1995]
Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use; provided, such alterations and repairs are in conformance with the regulations set forth in this chapter and other applicable codes and ordinances adopted by the Township.
§ 27-1604 Extensions or enlargements.
[Ord. No. 2-1995, § 1604, 4/11/1995]
1.
The types of extensions and enlargements listed below are permitted for nonconforming uses, buildings and structures existing on the effective date of this chapter:
A.
The extension of a nonconforming use of land upon a lot occupied by such use.
B.
The extension or enlargement of a conforming building occupied by a nonconforming use.
C.
The extension or enlargement of a nonconforming building occupied by a nonconforming use.
D.
The extension or enlargement of a nonconforming building occupied by a conforming use.
2.
The foregoing extensions or enlargements of such nonconforming buildings or uses shall be subject to the following conditions:
A.
The extension or enlargement shall conform to the height, rear yard and coverage regulations of the district in which it is located. Where a building or structure is nonconforming as to a required side or rear yard setback, the established nonconforming setback may be continued so long as the proposed extension or enlargement does not project further into any yard, whether side or rear yard, than the original building line extended.
B.
The entire building or use shall be provided with off-street parking and loading spaces as required by Article XIX, "off-street parking," herein.
C.
The extension or enlargement does not replace a conforming use.
D.
The extension or enlargement of a building use for a nonconforming use shall not be permitted to extend into vacant parcels of land adjacent to the initial parcel of land existing and occupied on the effective date of this chapter where such vacant parcels have been recorded separately or acquired following the effective date of this chapter.
§ 27-1605 Changes in nonconforming uses.
[Ord. No. 2-1995, § 1605, 4/11/1995]
A nonconforming use may be changed to another nonconforming use of the same or more restricted classification. Whenever a nonconforming use has been changed to a more restricted classification or to a conforming use, such use shall not hereafter be changed to a use of less restricted classification.
§ 27-1606 Reconstruction/restoration.
[Ord. No. 2-1995, § 1606, 4/11/1995]
1.
A nonconforming structure, building or use which is damaged by fire, explosion, windstorm or other natural or criminal acts may be reconstructed and used for the same purposes; provided, that:
A.
The reconstruction and/or restoration of the building or structure is commenced within one year from the date of occurrence of the damage and is carried to completion without undue delay. The one year time may be extended if the delay is caused by insurance regulations or investigations not caused by negligence or default by the applicant.
B.
The reconstructed building, structure or occupied area does not exceed the height, area and volume of the original building, structure and occupied area.
C.
The remains of any such building, structure or other improvement so destroyed shall be removed from the premises within six months so that the same shall not remain as a safety or nuisance hazard.
§ 27-1607 Discontinuance.
[Ord. No. 2-1995, § 1607, 4/11/1995]
If a nonconforming use of land or building ceases operations for a continuous period of more than 12 months, then such use and any subsequent use of land or building shall conform to the provisions of this chapter except when the discontinuance is due to a death and administration of the decedent's estate, in which event the discontinuance shall not be presumed to start until estate administration is terminated or a court order concerning the disposition of the estate has been entered.
§ 27-1608 Nonconforming signs.
[Ord. No. 2-1995, § 1608, 4/11/1995; Ord. No. 2-2007, § 17, 5/22/2007]
Nonconforming signs shall be governed by the requirements of § 27-1706 of this chapter.
§ 27-1609 District changes.
[Ord. No. 2-1995, § 1609, 4/11/1995]
Whenever the boundaries or uses of a district shall be changed the foregoing provisions shall also apply to any nonconforming lots, uses or buildings existing therein or created thereby.
§ 27-1610 Unsafe structure.
[Ord. No. 2-1995, § 1610, 4/11/1995]
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a structure or building declared unsafe by proper authority.
§ 27-1611 Agricultural exemption.
[Ord. No. 2-1995, § 1611, 4/11/1995]
The nonconforming controls as set forth herein shall not apply to agricultural structures when such structures are part of an active agriculture program. An active farm situated, through action of the Township Supervisors in enacting this chapter, in a zone where agricultural uses become nonconforming is exempt. It is not the intent of this chapter to hamper continued agricultural activities. However, should the agricultural use be abandoned, thereafter agricultural buildings damaged or destroyed in any manner shall be subject to the nonconforming rules and regulations.
§ 27-1612 Lots not required to have their principal frontage on a street.
[Ord. No. 2-1995, § 1612, 4/11/1995]
1.
Where any residential dwelling is in existence and is being used for residential purposes on or before September 21, 1975, the same shall not be required to have its principal frontage on a street provided that the further conditions exist or are met:
A.
The existing dwelling is situated more than 350 feet from any public street.
B.
The existing residential premises must be provided with access to a public street by a private right-of-way having a minimum width of 20 feet.
C.
The owner must execute a written agreement with the Township restricting any development between the public street and the subject premises providing for the private maintenance, repair and improvement of the private right-of-way providing access for the subject dwelling to the public street as aforesaid and such further terms and conditions as the supervisors shall determine are necessary under the particular circumstances to insure that any further development shall be in accordance with all applicable Township ordinances.