Upper Southampton Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Nonconformities
§ 185-66 Definitions.
[Amended 1-21-1992 by Ord. No. 294]
As used in this chapter, the following terms shall have the meanings indicated:
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
§ 185-67 Continuation.
The lawful use of any structure or land existing at the effective date of this chapter may be continued although such does not conform with the provisions of this chapter, except as otherwise provided in this article. This provision does not apply to any use of land or structure unlawful under the Upper Southampton Township Zoning Ordinance of 1961.
§ 185-68 Alteration or extension.
A.
Nonconforming structures. Nonconforming structures may be altered, reconstructed, or enlarged, provided that such alteration, reconstruction, or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter. In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Subsection C of this section.
C.
Nonconforming uses.
(1)
Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(a)
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the uses became nonconforming.
(b)
Such nonconforming use, or the building or structure in which it is conducted, shall not be enlarged more than 50% greater than the original area occupied by such use at the time said use became nonconforming under the provisions of any zoning ordinance of Upper Southampton Township.
(c)
Certificates for registration of nonconforming uses shall be issued by the Zoning Officer to all nonconforming uses existing at the effective date of this chapter.
(2)
To lawfully expand a nonconforming use under the terms of this chapter, the owner of such nonconforming use must produce proof that the nonconforming use existed at the effective date of this chapter, as amended.
(3)
A certificate of nonconformity issued by the Zoning Officer will be considered sufficient proof of said nonconformity. Certificate of nonconformity will be issued on application within 90 days by the Zoning Officer upon consideration of proof submitted by the applicant.
§ 185-69 Restoration.
Structures damaged by fire or casualties may be repaired and reconstructed.
§ 185-70 Abandonment.
Whenever a nonconforming use has been discontinued for a period of one year, such use will be deemed to have been abandoned, and such use can only thereafter be reestablished, as well as any future use, in conformity with the provisions of this chapter.
§ 185-71 Changes.
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:
A.
Such change shall be permitted by special exception upon application to the Upper Southampton Zoning Hearing Board by the applicant, and approval may be granted only where the applicant meets the requirements set forth hereafter.
[Amended 6-16-2009 by Ord. No. 393]
B.
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
§ 185-72 Displacement.
No nonconforming use shall be extended to displace a conforming use.
§ 185-73 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.