Swatara Township Lebanon County
City Zoning Code
City Zoning Code
PART 18
NONCONFORMITIES
§ 27-1801 Intent.
[Ord. 21A, 9/2/1982, § 18.01]
1.
Within any zoning district established by this chapter or any subsequent amendment hereto, there exists lots, uses of land, structures, and uses of structures or land and structures in combination which were lawful prior to the passage or amendment of this chapter but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment, and they are hereafter referred to as nonconforming. It is the intent to this chapter to permit these nonconformities to remain or continue until they are brought into compliance. It is further the intent of this chapter that nonconformities shall not be used as grounds for adding other structures or additional uses prohibited elsewhere in the same district.
2.
Nonconforming uses are declared by this chapter to be incompatible with permitted uses within the same zoning district. Any nonconforming use of a structure, of land, or structure and land in combination may be extended or enlarged only as provided within this chapter. Extension or enlargement of a nonconforming use by the addition of uses not normally accessory to the existing nonconforming use shall not be permitted.
3.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual construction has been carried on diligently. Additionally, where excavation, demolition or removal of an existing building has begun preparatory to rebuilding, such activities shall be deemed actual construction provided that work is carried on diligently.
§ 27-1802 Nonconforming Lots of Record.
[Ord. 21A, 9/2/1982, § 18.02]
1.
Following the effective date of adoption of this chapter, a permitted principal structure and accessory structure(s) may be erected upon any single nonconforming lot of record, Said lot must be in separate ownership and not of continuous frontage with other lots in the same ownership at the time of adoption of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. However, yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of any prescribed requirements shall be obtained only through action of the Zoning Hearing Board.
2.
If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Township Supervisors and are on record in the office of the Recorder of Deeds of Lebanon County for no more than three years before the date of adoption of this chapter, such lots may be developed, as recorded, provided that yard dimensions and requirements other than those applying to area or width shall conform to the regulations for the district in which such lots are located.
3.
If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Township Supervisors and are on record in the office of the Recorder of Deeds of Lebanon County for more than three years before the date of adoption of this chapter, such lots may be developed, provided that:
A.
The lot area and lot width of all lots is 75% or more of the required lot area and width;
B.
All yard, lot coverage and other applicable requirements of the district can be satisfied; and
C.
Contiguous nonconforming lots which cannot satisfy the requirements of Subsections 3A and B shall be combined, enlarged or resubdivided to satisfy the requirements of Subsections 3A and B.
4.
No portion of a nonconforming lot shall be sold or used in a manner which further diminishes compliance with the lot area and lot width requirements of this chapter, nor shall a portion of a conforming lot be sold or used in a manner which creates a nonconforming lot.
§ 27-1803 Nonconforming Uses of Land.
[Ord. 21A, 9/2/1982, § 18.03; as amended by Ord. 44, 6/11/1998]
1.
Where lawful use of land exists at the time of the passage of this chapter which would not be permitted by the regulations imposed by this chapter, and where such use involves no principal structure, the use may be continued, provided that:
A.
No such nonconforming use of land which is ceased, removed, discontinued or abandoned for a period of 180 consecutive dates shall thereafter be reestablished. This cessation, discontinuance or abandonment time limit may be extended by an additional one-hundred-eighty-day time period where contracts or agreements are being negotiated, provided that the property owner makes written application for an extension, citing the reasons necessary for the extension and the length of extension required, and the Zoning Officer issues a temporary certificate of zoning compliance to register the reasons for extension, the length of extension, and the nature of the nonconformity.
B.
No principal structures shall be erected in connection with such nonconforming use of land.
C.
Expansion of nonconforming uses shall be limited to a maximum aggregate enlargement of 50% of the area of land so used, as compared to the land in nonconforming use at the date of adoption of this chapter. Contiguous land owned at the effective date of this chapter may be used for expansion of the nonconforming use. However, for purposes of this chapter, approved streets rights-of-way define the limit of expansion of any nonconforming use of land, and such uses shall not extend across said street rights-of-way.
§ 27-1804 Nonconforming Structures.
[Ord. 21A, 9/2/1982, § 18.04]
1.
A lawful structure existing at the effective date of adoption of this chapter that could not otherwise be built due to restrictions on lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, may remain, subject to the following provisions:
A.
A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity, but a structure or portion thereof may be altered to decrease its nonconformity.
B.
A nonconforming structure or portion thereof may be extended along established, existing building lines, provided that:
(1)
The extension meets all other applicable yard, lot coverage and height regulations; and
(2)
Extension or enlargement along the nonconforming setback shall be limited to a maximum 100% increase of the area of land covered by the portion of the structure which is in a nonconforming status. Extension or enlargement in a conforming manner shall not be regulated by other applicable yard, lot coverage and height restrictions.
C.
A nonconforming structure which has been damaged or destroyed to any extent by fire, explosion, accident or calamity may be repaired or reconstructed, provided that:
(1)
The rebuilt structure is unchanged in its original size or location, or is less nonconforming that the original structure.
(2)
Repair or reconstruction is commenced within one year from the date of damage or destruction. Failure to repair or reconstruct within one year shall result in loss of nonconforming rights and any successive structure shall conform with all applicable ordinance requirements.
D.
A nonconforming structure which has been demolished or destroyed to any extent by deterioration or removal shall not be reconstructed or structurally replaced, except that:
(1)
Any conforming portion of the nonconforming structure may be reconstructed or replaced; and
(2)
Repairs and maintenance shall be permitted to maintain the nonconforming structure in a safe condition. However:
(a)
Restoration and repairs shall be limited to protective exterior improvements; and
(b)
A maximum aggregate of 50% of the structural or weight bearing components of the nonconforming structure may be replaced, during structural alterations, so that repairs and maintenance do not actually involve replacement of the old structure with a new one over any period of time.
§ 27-1805 Nonconforming Uses of Structures or Land and Structures in Combination.
[Ord. 21A, 9/2/1982, § 18.05; as amended by Ord. 44, 6/11/1998]
1.
If lawful use involving principal structures or land and structures in combination exists at the effective date of adoption of this chapter, the use may be continued so long as it remains otherwise lawful, subject to the following:
A.
Abandonment of a nonconforming use of a structure (or land and structure in combination) shall remove the nonconforming status of the structure (or land and structure in combination) so that the nonconforming use may not thereafter be reestablished. Furthermore, use of the structure (or structure of land in combination) shall thereafter conform with the regulations for the zoning district in which it is located. Abandonment shall be deemed to have occurred when the nonconforming use is ceased, removed or discontinued for a period of 180 consecutive days. However, this cessation, discontinuance or abandonment time limit may be supplemented by an additional one-hundred-eighty-day time period where contracts or agreements are being negotiated, provided that the property owner makes written application for an extension, citing the reasons necessary for the extension and length of extension requested, and the Zoning Officer issues a temporary certificate of zoning compliance to register the reasons for extension, the length of extension, and the nature of the nonconformity.
B.
Extension or enlargement of the structure containing the nonconforming use or the area of land used for storage, display or sales of products or materials in combination with the nonconforming use shall be subject to the following:
(1)
Expansion of the nonconforming use shall be limited to a maximum acreage enlargement of 50% of the area of land so used at the date of adoption of this chapter, subject to the requirement that:
(a)
The structure containing the nonconforming use may be enlarged to cover 50% additional land area (lot coverage); and
(b)
Expansion may include only the same number of stories existing on the structure at the effective date of this chapter. Additional stories shall not be permitted; and
(c)
The area of land used for storage, display or sales of products or materials in combination with the nonconforming use may be enlarged to cover 50% additional land area.
(d)
Contiguous land may be used for the maximum 50% expansion, provided that the land so used was owned at the effective date of this chapter and expansion does not extend across any street right-of-way.
C.
Any nonconforming use of a structure (or land and structure in combination) may, as a special exception, be changed to another nonconforming use, provided that the Zoning Hearing Board finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
D.
Where the nonconformity applies to use of structure (or land and structure in combination), removal or destruction of the structure shall eliminate the nonconforming status of the land. Removal or destruction, for the purposes of this subsection, shall include the removal or destruction of an aggregate of 75% or more of the structural or weight bearing components of the structure.
§ 27-1806 Uses Under Special Exception Provisions Not Nonconforming Uses.
[Ord. 21A, 9/2/1982, § 18.06]
Any existing use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Zoning Hearing Board action from one nonconforming use to another nonconforming use not generally permitted in the district) shall not be deemed a nonconforming use in such district. However, expansion, enlargement or change to that existing use shall be subject to the same criteria specified for special exception approval within in the district and administrative sections of this chapter, although Zoning Hearing Board action shall not be required.
§ 27-1807 Nonconforming Signs.
[Ord. 21A, 9/2/1982, § 18.07]
Any sign erected, constructed, or placed before the effective date of this chapter which does not conform to the applicable provisions of Part 17 of this chapter is a nonconforming sign. No such sign shall be replaced, relocated or otherwise changed until approval is obtained in accordance with the requirements of Part 17 of this chapter.