Southampton Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE XI
Nonconforming Uses, Structures and Lots
§ 350-1101 Existing nonconforming uses.
All lawful uses of land or of a lot, building, sign, or other structure 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 it is located, provided such nonconforming conditions shall comply with the following.
§ 350-1102 Continuation.
The Zoning Officer shall be responsible for the proper registration of premises occupied by a lawful nonconforming use, lot, 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 article. It is the property owners' responsibility to assist the Zoning Officer in the identification and registration of nonconforming uses, lots, buildings, and structures they are accountable for.
§ 350-1103 Alterations.
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.
§ 350-1104 Extensions or enlargements.
A.
The types of extensions and enlargements listed below are permitted as a special exception for nonconforming uses, buildings, and structures existing on the effective date of this chapter:
B.
The foregoing extensions or enlargements of such nonconforming buildings or uses shall be subject to the following conditions:
(1)
The extension or enlargement shall conform to the height, area, yard, and coverage regulations of the district in which it is located. Where a building or structure is nonconforming as to a required front, side or rear yard setback, the established nonconforming setback may be continued, so long as the proposed extension or enlargement does not project farther into any yard, whether front, side or rear yard, than the original building line extended. The extension or enlargement of nonconformity shall not exceed 50% of the amount of nonconformity existing upon the effective date of this chapter or subsequent amendments thereof.
(2)
The entire building or use shall be provided with off-street parking and loading spaces as required by § 350-1211, Off-street parking, herein.
(3)
The extension or enlargement does not replace a conforming use.
(4)
The extension or enlargement of a building used 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.
§ 350-1105 Changes in nonconforming uses.
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.
§ 350-1106 Reconstruction/restoration.
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 buildings, structures, or other improvements so destroyed shall be removed from the premises within six months so that the same shall not remain as a nuisance or safety hazard.
§ 350-1107 Discontinuance.
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.
§ 350-1108 Nonconforming signs.
Signs in existence at the effective date of this chapter, or amendments thereto, may be continued, subject to the regulations contained in herein.
§ 350-1109 District changes.
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.
§ 350-1110 Unsafe structure.
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 registered engineer or architect.
§ 350-1111 Agricultural exemption.
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 group 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.