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Upper Tulpehocken Township
City Zoning Code

ARTICLE XV

Nonconforming Lots, Uses, Structures, and Buildings

§ 460-102 Statement of intent.

Within the zoning districts established by this Part 1 or subsequent amendments thereto, there exist or will exist certain nonconformities which, if lawful before this Part 1 was passed or amended, may be continued, subject to certain limitations.

§ 460-103 Nonconforming lots of record.

A. 
Lots included in approved plans. Any lot shown on a recorded subdivision plan on the effective date of this Part 1 or after the enactment of subsequent amendments thereto which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for the use indicated on the subdivision plan, provided that all yard, height and open space requirements of the zoning district in which it is located shall be met. Provided that when a subdivider has had an application for approval of a preliminary or final subdivision plan approved prior to the effective date of this Part 1, no provision in this Part 1 shall be applied to affect adversely the right of the subdivider to commence and complete any aspect of the approved preliminary or final plan in accordance with the terms of such approval within five years from the date of such approval. When approval of a final plan has been preceded by approval of a preliminary plan, the five-year period shall be counted from the date of preliminary approval.
B. 
Lots held in single and separate ownership. Any lot held in single and separate ownership on the effective date of this Part 1 or after the enactment of subsequent amendments thereto which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for any use permitted in that district, provided that all yard, height and open space requirements are met. Provided that if two or more lots, combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Part 1, and if all or part of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered to be an undivided parcel for the purpose of this Part 1, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and/or area requirements established by this Part 1, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Part 1.

§ 460-104 Abandonment.

A nonconforming use may not be reestablished if the use is discontinued for a continuous eighteen-month period, unless during that eighteen-month period the owner informs the Township of his intention not to abandon the use. Proper notification shall be considered to be the filing of a written "Statement of Intent to Continue" with the Township Zoning Officer. Vacation of land or buildings or the termination of the use normally carried on upon the property shall be evidence of discontinuance. If, after the filing of a written Statement of Intent to Continue, the nonconforming use is not commenced within one year from the end of the original eighteen-month period, the nonconforming use shall be considered abandoned and shall not be reestablished.

§ 460-105 Change.

A nonconforming use may be changed to a conforming use by right. A nonconforming use, if changed to a conforming use, shall not be changed back to a nonconforming use. A nonconforming use may not be changed to any other nonconforming use unless the Zoning Hearing Board shall grant a special exception. The proposed use shall be of the same or more restricted classification than the existing use and shall not be more detrimental to the district than the existing use of the property. The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with the granting of a special exception.

§ 460-106 Expansion.

A. 
A nonconforming use, building or structure may not be expanded unless such expansion has been approved as a special exception by the Zoning Hearing Board.
B. 
Nonconforming uses.
(1) 
A nonconforming use shall not be expanded or intensified unless such expansion or intensification has been approved as a special exception by the Zoning Hearing Board.
(2) 
If expansion is permitted by the Zoning Hearing Board, the following regulations shall apply:
(a) 
A nonconforming use shall not be enlarged or increased upon land not owned, leased or under option to purchase at the time of the enactment of this Part 1.
(b) 
Any additional uses established in connection with an existing nonconforming use shall meet all the regulations of this Part 1.
(c) 
Expansion of that portion of a nonconforming use carried on outside a building or structure (if so allowed) shall be in accordance with all the regulations of this Part 1.
(d) 
A nonconforming use may be expanded within a building containing that nonconforming use at the effective date of this Part 1, provided that the nonconforming use shall not occupy a portion of the building which contained a conforming use at the effective date of this Part 1. A nonconforming use may also be expanded into a new building or extension of an existing building containing the use.
(e) 
Total expansion of a nonconforming use shall not exceed 50% of the area occupied by the use at the time of the effective date of this Part 1.
C. 
Nonconforming buildings and structures.
(1) 
A nonconforming building or structure shall not be enlarged or increased upon land not owned, leased or under option to purchase at the time of the enactment of this Part 1.
(2) 
Any additional structures or buildings erected or established in connection with an existing nonconforming use shall meet all the area, yard, and height regulations of the applicable zoning district and all general regulations of this Part 1.
(3) 
A nonconforming building or structure shall not be enlarged, increased, repaired, maintained, or modified in any manner which will further violate any applicable area, yard, or height regulation imposed by this Part 1.

§ 460-107 Repair, movement and replacement.

A. 
Nonconforming buildings and structures, and building and structures containing nonconforming uses, may be repaired and maintained, provided that no repairs or maintenance shall be made which will further extend the violation of any requirements of this Part 1.
B. 
A building or structure containing a nonconforming use or a nonconforming building or structure may be replaced by a new building or moved to another location on the same lot provided that the new or relocated building or structure complies with all coverage, yard and height requirements and general regulations applicable to the zoning district in which it is located.

§ 460-108 Damage or destruction.

A. 
Any nonconforming building or structure, or a building or structure containing a nonconforming use, of which the basic structural elements are totally destroyed by any means, may be rebuilt and used for the same nonconforming use or a nonconforming use of a more restricted classification. Any subsequent building, structure or use of the land shall not be more nonconforming in any respect than the building, structure or use of the land which was destroyed. New construction shall begin within 18 months of the date of destruction and be carried to completion without interruption.
B. 
A nonconforming building or structure, or a building or structure containing a nonconforming use, of which the basic structural elements are partially destroyed or which is partially destroyed but which has all basic structural elements remaining may be reconstructed. The reconstructed portions of a building or structure shall not be more nonconforming in any respect than the portions of the building or structure which were destroyed.