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Upper Providence Township Montgomery County
City Zoning Code

ARTICLE III

Nonconforming Uses, Premises, Structures and Lots

§ 300-72 Continuation.

Lawful uses located either within a building or other structure, or part thereof, or on the land or in combination of both which, at the effective date of this chapter or subsequent amendment thereto, become nonconforming may be continued so long as they remain otherwise lawful, including subsequent sales of the property.

§ 300-73 Alteration or enlargement.

A. 
No structural alterations or additions or enlargements of any nonconforming building, structure or land will be permitted which would violate the side, front or rear yard setback lines or building coverage of the zone in which the building, structure or land is located, provided that in residential zones where there is a nonconforming use as to side, front or rear yard setback line, a permissible alteration or addition may be built on the line with the existing side, front or rear nonconforming building line, respectively, except that a violation of a setback line not previously violated shall not be permitted.
[Amended 2-21-1978 by Ord. No. 197; 8-7-1995 by Ord. No. 343]
B. 
No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located.
C. 
Notwithstanding the requirements of Subsection A of this section, an existing nonconforming building, structure or use may be expanded or extended when authorized as a special exception by the Zoning Hearing Board, up to a total maximum of 50% of the area devoted to the use as of the effective date of this chapter or subsequent amendment thereto at which time the use became nonconforming. The "area devoted to the use" shall mean the total of the gross floor area and, for any portions of the use not conducted in a building, the lot area actually utilized in connection with the nonconforming use; provided, further, that any expansion shall be limited to the lot on which the building, structure or use is located, as that lot was defined when the building, structure or use became nonconforming.
[Added 8-7-1995 by Ord. No. 343]

§ 300-74 Discontinuance.

If a nonconforming use of land or a building ceases operations for a continuous period of more than one year, then this shall be deemed to be an intent to abandon such use and any subsequent use of land shall conform to the regulations of this chapter.

§ 300-75 Change in use.

[Amended 8-7-1995 by Ord. No. 343]
A nonconforming building or structure (e.g., residential use of a commercial building) shall not be changed except to a conforming use or to another nonconforming use as a special exception, with the approval of the Zoning Hearing Board, upon a finding that the new use is the same or of a more restrictive nature than the existing nonconforming use. If an existing nonconforming use is discontinued as defined in § 300-74 of this chapter or changed to a conforming use, future use of such building, structure or portion shall be in conformity with the regulations of this chapter.

§ 300-76 Damage or destruction.

A. 
In the event that a nonconforming use in any district is destroyed or partially destroyed by fire, explosion or other cause or otherwise damaged either to the extent of two or more times its assessed valuation (as determined from the assessment rolls effective at the date of damage or destruction) or 1/2 the bulk of all buildings, structures or other improvements on the lot, such nonconforming uses shall terminate and the lot shall thereafter be used only for conforming uses.
B. 
In any case, whether conforming or nonconforming, the remains of any building so destroyed must be removed from the premises within six calendar months so that the same shall not remain as a nuisance thereon.

§ 300-77 Nonconforming lots of record.

[Amended 2-21-1978 by Ord. No. 197; 9-20-1982 by Ord. No. 231; 3-15-2004 by Ord. No. 435]
Any lot of public record not otherwise restricted from development in single and separate ownership at the time of enactment of this chapter or applicable amendment thereto which does not meet the minimum area or lot width requirements of the district in which it is located shall be considered a nonconforming lot. Said lot may be developed consistent with the use and dimensional standards of the district in which it is located, provided that if any setback standards cannot be met, the applicant shall apply to the Zoning Hearing Board for request of the necessary variance(s). Provided further, however, that if the area of the lot in question is less than 50% of the required minimum for the district in which it is located and if two or more lots with continuous frontage in a single ownership are of record at the time of passage or applicable amendment of this chapter, the land shall be considered an undivided parcel and shall be combined and redefined in such a way as to meet the requirements of this chapter to the maximum possible extent.

§ 300-78 Registration of nonconforming uses, buildings, lots and signs.

In order to administer this chapter, the Zoning Officer shall prepare a complete list of all nonconforming uses, buildings, lots and signs in existence in the Township.