Upper Frederick Township
City Zoning Code
City Zoning Code
ARTICLE VI
Nonconforming Status
§ 285-42 Nonconforming status.
[Amended 11-9-1995 by Ord. No. 95-8]
All buildings, structures, uses of land, uses of buildings, lots and signs that do not conform to all of the applicable regulations of the district in which they are located or other applicable requirements of this chapter shall be considered as nonconforming provided that:
A.
They lawfully existed on the date of passage of this chapter.
B.
They lawfully existed on the date of passage of a text or map amendment to this chapter, which amendment caused the nonconforming status.
§ 285-43 Nonconforming classifications.
[Amended 11-9-1995 by Ord. No. 95-8]
A.
Nonconforming use. The existing lawful use of land and/or buildings and/or structures upon the land which does not conform to any of the permitted uses of the district in which it is located, and which has not been authorized by the issuance of a variance.
B.
Nonconforming building or structure. Any existing lawful building or structure that does not conform to the height, location, size, bulk or other dimensional requirements of the district in which it is located. This does not include signs.
C.
Nonconforming lot. Any existing lawful lot which does not conform to the area and/or width requirements for lots in the district in which it is located.
D.
Nonconforming signs. Any sign, billboard or advertising device lawfully existing at the time of the passing of this chapter that does not conform in use, location, height or size with the regulations of this chapter shall be considered a nonconforming sign and may continue in such use in its present location.
E.
Temporary nonconforming use. A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than 90 days on the approval of an application for a special exception by the Zoning Hearing Board.
§ 285-44 Nonconforming regulations.
[Amended 11-9-1995 by Ord. No. 95-8; 1-8-2004 by Ord. No. 04-01]
The following regulations shall govern all properties to which nonconforming status is applied:
A.
Nonconforming status may continue, and a property may continue to be used as nonconforming, until it complies with the requirements of this chapter.
B.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming use which is equally appropriate or more appropriate to the district in which the property is located, and is no more detrimental than the existing nonconforming use, as a special exception by the Zoning Hearing Board.
(2)
A nonconforming use shall not be changed to another nonconforming use of a lower (less restrictive) land use classification.
(3)
If a nonconforming use is changed to a conforming use, then the previous nonconforming status shall become null and void in accordance with Subsection C, below.
C.
Discontinuance. A nonconforming use, when discontinued, may be resumed any time within one year from such discontinuance, but not thereafter. The resumption may be of the same class or use, but shall not be less appropriate or more detrimental than the previous nonconforming use.
D.
Extension or expansion. A nonconforming use, building or structure, not including signs, may be extended or expanded in compliance with the following:
(1)
The parcel on which extension or expansion occurs shall include only that lot, held in single and separate ownership, on which the use, building or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
(2)
Nonconforming use of a building may be extended throughout the building.
(3)
A nonconforming use may be extended to a new building on the same lot, in compliance with Subsection D(4) and (5), herein, and provided that the nonconforming use continues in the existing building.
(4)
Physical expansion of a nonconforming building or a nonconforming use shall be permitted only one time, and shall be limited to 25% of the gross floor area of the existing building.
(5)
In addition to Subsection D(1), (2), (3) and (4), above, nonconforming uses must comply with the following:
(a)
Extension and/or expansion as permitted in Subsections D(1), (2), (3) and (4), above, shall be permitted by special exception only to the extent that all new construction shall comply with the dimensional standards of the district in which the use is located or the district in which the use is permitted, whichever is more restrictive.
(b)
When a nonconforming use is expanded, the applicant must comply with all performance standards of the district in which the use is permitted or the district in which the use is located, whichever is more restrictive. The performance standards include, but are not limited to, the following:
[1]
Parking.
[2]
Landscaping.
[3]
Lighting.
[4]
Signage.
[5]
Noise.
[6]
Building and impervious surface coverage.
[Amended 1-14-2010 by Ord. No. 2010-01]
(6)
In addition to Subsection D(1), (2), (3) and (4), above, in cases where a building or structure is nonconforming as to front, side or rear yard setbacks, an addition may be built on a line with the existing building, as long as it does not create an additional encroachment into a required yard. Any further encroachment with regard to required setbacks will require a variance. Any expansion under this section shall comply with the following standards:
(a)
Expansion shall not be permitted to extend closer to the road ultimate right-of-way than the front wall of the existing dwelling closest to the road.
(b)
Expansion shall not be permitted to create a new violation of the minimum side yard setback. An existing dwelling that violates the side yard may be expanded to the rear along the side yard building setback established by the wall of the existing building.
(c)
An existing dwelling that violates the rear yard may be expanded to the sides along the rear yard building setback established by the rear wall of the existing building.
E.
Additional building regulations. The following regulations shall apply to buildings:
(1)
When new ordinance provisions are adopted and affect planned construction which has not been completed:
(a)
Buildings under construction, to the extent of completion of footings, may be completed as nonconforming buildings provided that valid building permits have been issued for those buildings.
(b)
Buildings not yet under construction shall be built in conformance to this chapter.
(c)
The use or uses of such buildings shall comply with the permitted uses for the district in which they are located.
(2)
Nonconforming primary structures damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used as before, provided that:
(a)
The reconstructed building shall not exceed the dimensions of the damaged or destroyed building, including height, width, depth and volume.
(b)
Building reconstruction shall be started within one year from the date the building was damaged or destroyed, and shall be carried out without interruption.
(c)
The building will pose no hazards to safety by virtue of its location.
(3)
Legally condemned nonconforming buildings shall not be rebuilt or used except in conformance with this chapter.
F.
Development of nonconforming lots. A single-family detached dwelling unit may be constructed on a nonconforming lot in a residential district in accordance with the dimensional requirements of the district. Relief from dimensional requirements which present a hardship may be sought through the Zoning Hearing Board variance procedure.
G.
Contiguous undeveloped lots. Where two or more contiguous lots are held in single ownership, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots may be developed only in groups thereof in order to provide the minimum lot area and width required. When all lots in single ownership are combined and still do not meet area and/or width requirements, they may be considered a single nonconforming lot in accordance with Subsection F, herein.
H.
Nonconforming signs. If and when a nonconforming sign is replaced, the new sign shall comply with the requirements of this chapter. "Replacement" shall not include simply revising the text or color of the sign, but shall refer to structural replacement and/or relocation of the sign.
§ 285-45 Administration.
[Amended 11-9-1995 by Ord. No. 95-8]
A.
Registration. The Zoning Officer shall maintain a list and map of properties with nonconforming status, including uses, buildings, structures, lots and signs. For each property identified, the Zoning Officer shall have on file a written record documenting the evidence and reasoning that led to the assignment of nonconforming status.
B.
Jurisdiction. In all matters pertaining to nonconforming status, the Zoning Officer shall make the initial determination.
(1)
The Zoning Officer may seek the advice of the Township Planning Commission, Township Solicitor and/or others in making a determination.
(2)
If it cannot be determined by means of positive documentation that a use or structure was in lawful existence at the time an ordinance or amendment would have rendered it nonconforming, the Zoning Officer must refuse to confer nonconforming status.
(3)
If the applicant disagrees with the Zoning Officer's determination, the applicant may appeal to the Zoning Hearing Board as provided by law.
(4)
Appeals to the Zoning Hearing Board may be in the following forms:
(a)
Request for an interpretation to determine whether or not the subject property qualifies as nonconforming.
(b)
Request for special exception, as applicable under nonconforming regulations.
(c)
Request for a variance form the nonconforming regulations otherwise applicable to the subject property.
