Springfield Township York County
City Zoning Code
City Zoning Code
ARTICLE X
Nonconformities
§ 500-112 Nonconforming structures.
A.
Continuation. Any nonconforming structure existing on January 27, 1996, or created by an amendment to this chapter, may remain although such structure does not conform to the dimensional requirements of this chapter.
B.
Restoration:
(1)
A nonconforming structure which has been damaged or destroyed by fire or other natural causes to an extent of not more than 75% of its market value, or a nonconforming structure which has been legally condemned, may be reconstructed, provided that the reconstructed structure shall not exceed in height, area, and volume the structure destroyed or condemned; and the structure reconstruction shall be commenced within one year from the date the structure was destroyed or condemned and shall be carried on without interruption, otherwise the nonconforming structure status shall be void.
(2)
A nonconforming structure damaged or destroyed by fire or other natural causes, or willfully proposed for demolition, to an extent exceeding 75% of its market value shall not be repaired, reconstructed, or used, unless in conformity with the regulations of this chapter, except by special exception following demonstration to the Zoning Hearing Board of the infeasibility of doing so.
C.
Extension or alteration. A nonconforming structure may be extended or altered, provided the extension or alteration conforms with all dimensional requirements of this chapter and all other applicable regulations of this chapter.
§ 500-113 Nonconforming lots.
A.
Continuation. Any nonconforming lot existing on January 27, 1996, or created by an amendment to this chapter 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 or the establishment of a use on any nonconforming lot. All the requirements of this chapter shall be met with the exception of lot area and lot width; provided, however, that if, as a result of the nonconformance of the lot area or lot width, the setbacks required in the district in which the property is located cannot be met, then the setbacks which are nonconforming may be modified to the least modification necessary to use the lot for a purpose permitted in that district, subject to the approval of the Zoning Officer. In the event that the lot owner is dissatisfied with the determination of the Zoning Officer, then the lot owner may seek a variance with the Zoning Hearing Board as provided in this chapter. However, this provision shall not apply to any two or more contiguous lots in single and common ownership as of, or subsequent to, January 27, 1996, where reparceling or replanning could create one or more conforming lot(s).
§ 500-114 Nonconforming uses.
A.
Continuation. Any nonconforming use existing on January 27, 1996, or created by an amendment to this chapter, 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. Upon application for a special exception and in accordance with the provisions of § 500-116C of this chapter, the Zoning Hearing Board may approve the extension of a nonconforming use subject to the following specific standards:
(1)
Any extension shall take place only on the lot or on a contiguous lot held in the same ownership and existing at the time the use became nonconforming.
(2)
No nonconforming use shall be extended to displace a conforming use.
(3)
Any extension shall conform with the area, building, setback, coverage, height, parking, sign, and other requirements of the district in which said extension is located.
(4)
Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 50% of such volume or area during the life of the nonconformity. For nonconforming uses whose normal operations involve natural expansion (quarries, landfills, cemeteries, etc.), expansion beyond 50% may be permitted upon approval by the Zoning Hearing Board.
(5)
Any expansion of a nonconforming use that is approved by the Zoning Hearing Board and which qualifies as a land development, as defined in § 500-7 of this chapter, shall require the approval of a land development plan in accordance with the requirements of Chapter 425, Subdivision and Land Development, prior to the issuance of any building permits.
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 under the provisions of § 500-116C of this chapter.
(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 established in this chapter.
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. For the purposes of this chapter, abandonment shall commence when reasonable efforts to reestablish (such as lease, rental, sale, etc.) a nonconforming use have ceased. If a nonconforming use of land ceases for any length of time for any reason, subsequent use of such land shall be in conformity with the provisions of this chapter.
E.
Delinquent properties. If the Township 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)
Immediately after passage of this chapter or any subsequent 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 any subsequent amendment thereto. 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 and parcel number, the nature and extent of the nonconforming use, and the reasons for identification as a nonconforming use.
(2)
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 certificate of nonconformance from the Zoning Officer. Such certificate shall ensure such owners the right to continue a nonconforming use within the regulations prescribed herein. Within 90 days of passage of this chapter or any subsequent amendment thereto creating the nonconformity, property owners shall apply to the Zoning Officer for certificates of nonconformance. Following the ninety-day period, applications for certificates of nonconformance shall be made to the Zoning Hearing Board.
(3)
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 office of the York County Recorder of Deeds. The list shall be corrected yearly as the Planning Commission may prescribe.