Towamencin Township
City Zoning Code
City Zoning Code
ARTICLE IX
Nonconformities
§ 153-900 Purpose.
This article is intended to recognize the property rights of owners of nonconforming structures and uses to the extent required by law, while also recognizing the legitimate desire of the Township to minimize nonconformities, since they are in derogation of the comprehensive planning scheme reflected in this chapter.
§ 153-901 Continuation.
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter or amendment thereto, may be continued although such use or structure does not conform to the provisions of this chapter provided said use or structure is not altered, expanded, enlarged or extended except as hereinafter provided.
§ 153-902 Isolated lots.
Any nonconforming lot may be used as a lot for purposes of zoning provided:
A.
The subject lot is and has been held in single and separate ownership from the date at which said lot originally became nonconforming. "Held in single and separate ownership" for the purpose of this section means that the current or former owner(s) of the subject lot have not, and do not, own or have any interest whatsoever in any adjoining property to the lot in question.
B.
That the owner of an isolated lot has made a good faith attempt to sell the nonconforming lot to an adjoining property, or has offered to purchase adjoining land to make the isolated nonconforming lot conforming or more closely conforming to the provisions of this chapter.
C.
In the event different use types and associated lot sizes are permitted within the zoning district in question, only the use or uses permitted on the smallest or most closely related lot area and/or dimension as the existing undersized lot shall be permitted by right. All other uses shall only be permitted by special exception by the Zoning Hearing Board.
D.
All structures proposed upon an existing nonconforming lot shall meet all other requirements for the use and zone it which it is located including but not necessarily limited to building and lot coverage, yards, setbacks, height and parking requirements.
§ 153-903 Merger of nonconforming lots.
Where two or more adjacent lots, one or more of which is nonconforming, are owned by the same owner, and the ownership of the lots is concurrent, such lots shall be deemed to be merged into a single conforming or more closely conforming lot. For the purpose of this chapter, the merger of nonconforming lots shall occur upon the date said lots became nonconforming or upon the date when adjacent property is purchased by the same owner, whichever date shall first occur.
§ 153-904 Cessation of use; abandonment.
Absent documentation to the contrary as provided in § 153-905 below, whenever a nonconforming use has been discontinued for a continuous period of one year there is a rebuttable presumption of the intent to abandon said nonconforming use. Upon the abandonment of a nonconforming use, such use shall not thereafter be reestablished. Any subsequent use of such land or structure shall be in conformance with the provisions of this chapter.
§ 153-905 Resumption of nonconforming use.
In the event that a cessation of a nonconforming use occurs for a period exceeding one year, the owner shall have the burden of proof to clearly demonstrate to the Zoning Officer or Zoning Hearing Board upon appeal, that there was no intent to abandon said use, in which case, the existing use type and extent of use lawfully established prior to the presumed cessation of use shall be registered with the Zoning Officer and may then be continued as provided herein.
§ 153-906 Changes in nonconforming 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:
§ 153-907 Expansion of nonconforming use or structure.
Any lawful nonconforming use or structure or portion thereof may be expanded, provided:
A.
The proposed expansion shall take place only upon the lot held in single and separate ownership as existed on the date the use became nonconforming. A nonconforming use or structure shall be prohibited from encroaching upon another parcel of land subsequently added to the original parcel.
B.
The area of such use or structure shall not be increased by more than 25% of the area of the use or structure as existed on the date it became nonconforming.
C.
Any and all expansions of a nonconforming use or structure shall conform to all height, area, width, yard and coverage requirements for the district in which said use or structure is located. A structure which is nonconforming in terms of height shall not be extended to increase the height.
D.
Permission to extend a nonconforming use as described in this article shall not be construed to mean that a new use or uses may be established.
E.
Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for additional expansion under provision of this chapter.
§ 153-908 Damage or destruction of building; reconstruction.
A nonconforming structure or any structure containing a nonconforming use which has been damaged or destroyed by fire, explosion, accident, or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use, provided that:
A.
The reconstructed structure shall not exceed in height, area and volume the structure destroyed except that expansion may be made as provided for herein.
B.
Building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption and completed in a timely manner.
§ 153-909 Condemnation of building.
A nonconforming building which has been legally condemned shall not be rebuilt or used for nonconforming purposes.
§ 153-910 Repair and maintenance.
Normal and customary repairs and maintenance of a nonconforming structure or use shall be permitted, provided such repair or maintenance does not extend, expand, or increase the nonconformity.
§ 153-911 Registration of nonconforming uses.
The Zoning Officer may provide for the registration of all uses which are nonconforming under the terms of this chapter within a reasonable time after the effective date of this chapter or upon appeal of a cessation of use. The record of nonconforming uses shall certify, after inspection, the extent and kind of use and disposition of the structure and land. Each occupant or owner of a premises used as a nonconforming use or structure shall make available such information as may be necessary to determine the extent and nature of the nonconformity as established by this chapter.