Upper Merion Township
City Zoning Code
City Zoning Code
ARTICLE XXX
Nonconforming Buildings, Structures and Uses
§ 165-199 Continuation; extension; restoration; abandonment; lots nonconforming as to area and width regulations.
A.
Continuation. Any lawful building or structure or any lawful use of a building or structure or land existing on the effective date of this chapter or any amendment thereto which does not conform to the provisions of this chapter or any subsequent amendment shall be considered a lawful nonconforming building, structure or use and may be continued, except as otherwise provided herein.
[Amended 6-15-1987 by Ord. No. 87-516]
B.
Extension.
[Amended 11-14-1966 by Ord. No. 66-190; 6-15-1987 by Ord. No. 87-516; 11-9-2023 by Ord. No. 2023-893]
(1)
Any lawful nonconforming use of a portion of a building may be extended throughout the entire building area in existence upon the date of the subsequent amendment which rendered the use nonconforming.
(2)
A lawful nonconforming use may be expanded no more than 25% of the area of an extension, expansion, or alteration of a building constructed after the effective date of this chapter or the date of the subsequent amendment which rendered the use nonconforming, and further provided that the expanded or altered building conforms with all height, setback, yard, and coverage requirements of the district in which the use is located.
(3)
Nonconforming structures, including buildings, being used for a conforming use may continue in the current form of the structure and may be extended or altered if the extension or alteration does not increase the nonconformity of the building or structure with respect to the height, setback, yard or coverage requirements of the district in which it is located.
(4)
The voluntary demolition, razing, or removal of a nonconforming structure or building, or portion thereof, shall be considered an abandonment of the nonconforming structure or building or the nonconforming portion of such building or structure. In such an instance, a nonconforming structure or building shall not be permitted to be replaced, reconstructed, or rebuilt with another nonconforming structure or building or otherwise maintain any preexisting nonconformity.
C.
Restoration.[1] Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause to an extent of not more than 75% of its fair market value may be reconstructed in the same location, provided that the reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as provided in Subsection B of this section hereinabove, and that reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
D.
Abandonment. If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of one year or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.[2]
[2]
Editor's Note: Original Subsection F, Nonconforming Signs, and original Sections 1601, Lots Nonconforming as to Area and Width Regulations, and Lots of Unusual Dimensions, and 1602, Subdivisions Previously Approved, all of which immediately followed this section, were repealed 6-15-1987 by Ord. No. 87-516.
E.
Lots nonconforming as to area, width and yard regulations. No structure may be erected on any dimensionally nonconforming lot unless it was held on the date it became nonconforming in single and separate ownership and provided:
[Added 4-15-2021 by Ord. No. 2021-874]
(1)
All other requirements of the district in which the lot is situated are complied with;
(2)
If the lot is not served by public water and sewer, the applicant shall demonstrate compliance with all requirements of the Montgomery County Board of Health;
(3)
Streets and other improvements shown on the plan which created the lot have been completed and approved by the Township, whether or not said improvements have been accepted in dedication by the Township; and
(4)
Applicants shall comply with the stormwater management requirements outline in Chapters 140A and 140B of the Township Code.