Uwchlan Township City Zoning Code
ARTICLE 7
Nonconforming Lots, Uses, Structures and Buildings
§ 701 Statement of intent.
Within the zoning districts established by this ordinance or subsequent amendments thereto, there exists or will exist certain nonconformities which, if lawful before this ordinance was passed or amended, may be continued, subject to certain limitations, although such nonconformities would be prohibited, regulated, or restricted under the terms of this ordinance or subsequent amendments thereto.
To avoid undue hardship, nothing in the ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and on which actual building construction is completed within two years after such date
§ 702 Nonconforming lots of record.
In any district, structures and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements, other than those applying to area or width, or both, shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Hearing Board.
If two or more lots, combination of lots and portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, 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 ordinance, 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 ordinance, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this ordinance.
§ 703 Nonconforming uses of land.
Lawful uses of land, which at the effective date of this ordinance or as a result of subsequent amendments thereto become nonconforming and where such use involves no individual structure or building with a replacement cost exceeding $1,000 may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the following provisions.
703.1
Extension. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was owned or leased by the user at the effective date of adoption of such amendment of this ordinance.
703.2
Discontinuance. Whenever a nonconforming use has been discontinued for a period of six consecutive months, such use shall not thereafter be reestablished unless a certificate of intention as per § 709 has been filed. Any future use shall be in conformity with the provisions of this ordinance.
703.3
Changes or moving of use. A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use, provided that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.
703.4
Additional structures or buildings. No additional structures or buildings not conforming to the requirement of this ordinance shall be erected in connection with such nonconforming use of land.
§ 704 Nonconforming structures or buildings.
Structures or buildings which at the effective date of this ordinance or subsequent amendments thereto become nonconforming by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the building or structure, may be continued to be used so long as such structure or building remains otherwise lawful, subject to the following provisions:
704.1
Enlargement. No such nonconforming structure or building may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
704.2
Damage or destruction. A nonconforming structure which is accidentally destroyed or partially destroyed by fire, explosion, or by any means to an extent of 75% or more of the market value thereof immediately prior to such damage or destruction shall not be repaired or restored to a nonconforming status, but shall be reconstructed and used only in conformity with the provisions of this ordinance, unless the structure reconstruction is commenced within six months from date the structure was damaged and shall be carried on without interruption.
704.3
Moving of structure or building. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.
§ 705 Nonconforming uses of structures or buildings.
Lawful uses of structures or buildings which at the effective date of this ordinance or as a result of subsequent amendments thereto become nonconforming, may be continued by the present or any subsequent owner so long as such use remains otherwise lawful, subject to the following provisions.
705.1
Extension. A nonconforming use, other than a nonconforming home occupation or sign, may be extended throughout any part of an existing structure or building, or a new extension may be constructed, provided that any structural alterations, extensions or additions shall comply with all provisions of this ordinance with respect to height, area, width, yard and coverage requirements for the zoning district in which the structure or building is located. However, such extension of a nonconforming use shall not exceed 50% of the gross floor area occupied by said nonconforming use at the time such nonconforming use became nonconforming. Nonconforming home occupations or adult entertainment use shall not be extended within the building or upon the lot on which the nonconforming home occupation or adult entertainment use is located.
[Amended 9-14-1998 by Ord. No. 98-14]
705.2
Change of use. A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use, other than a nonconforming home occupation or sign, may, by special exception, be changed to another nonconforming use, provided that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use. No nonconforming home occupation shall be changed to another nonconforming use.
705.3
Discontinuance. Whenever a nonconforming use of a structure or building or portion thereof has been discontinued or abandoned for six consecutive months, such structure or building or portion thereof shall not thereafter be reestablished, unless a certificate of intention as per § 709 has been filed. Any future use shall be in conformity with the provisions of this ordinance.
705.4
Destruction. Removal or destruction of the structure or building in which a nonconforming use is located shall eliminate the use of the land upon which the structure or building was erected for a nonconforming use. Destruction for the purpose of this subsection is defined as damage to an extent of 75% or more of the market value of the structure or building immediately prior to such damage or destruction. However, if construction begins within six months after destruction or partial destruction, the same nonconforming use may be reestablished. The Zoning Hearing Board may, by special exception, authorize another equally appropriate or more appropriate use to be reestablished.
705.5
Nonconforming signs.
a.
All signs erected prior to the enactment of this ordinance or subsequent amendment thereto which are not in conformity with the provisions thereof, shall be deemed nonconforming signs.
b.
The types of such signs listed below shall be removed or otherwise brought into conformity with the provisions of this ordinance in accordance with the following schedule:
(1)
Temporary sidewalk, sandwich, or "A" frame signs, movable freestanding signs, banners, streamers, pennants, and similar signs shall be abated or removed within 60 days of the enactment of this ordinance.
(2)
Signs painted on buildings, walls, fences or benches shall be abated or removed within one year of the date of enactment of this ordinance.
c.
Any replacement, reconstruction, alteration, extension or addition to a nonconforming sign, including any alteration of the structural supports or mechanical facilities thereof, shall require the prior issuance of a permit for the same from the Uwchlan Township Zoning Officer. No such permit shall be issued unless the sign, as it is proposed to be replaced, reconstructed, altered, extended or enlarged shall be in complete and strict conformity with all of the provisions of this ordinance.
§ 706 Unsafe or unlawful structures or buildings.
If a nonconforming structure or building or portions thereof containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, such structure or building shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zoning district in which it is located.
§ 707 Uses under special exception provisions not nonconforming uses.
Any use which is permitted as a special exception in a zoning district under the terms of this ordinance and which existed at the adoption of this ordinance (other than a change through Zoning Hearing Board action from one nonconforming use to another nonconforming use) shall not be deemed a nonconforming use in such zoning district, but shall without further action be considered a conforming use.
§ 708 Registration of nonconforming uses and structures or buildings.
To facilitate the administration of this ordinance, it shall be the duty of the Zoning Officer to prepare and maintain an accurate listing of all nonconforming uses, structures, and buildings. Such a listing shall be a matter of public record and shall constitute sufficient notice of the nonconforming status of said property and the limitations therein expressed and implied to any transferee acquiring any right to use or own such property.
§ 709 Certificate of intention.
A certificate of intention shall be required in all instances where a nonconforming use of land or nonconforming use of a structure or building is discontinued if the owner or operator of such uses desires to maintain such a nonconforming use.
709.1
The Zoning Officer shall maintain proper forms for the registration of any certificate of intention. It shall be incumbent upon the owner or applicant to file such a form with the Zoning Officer. The filing of such form shall be considered an administrative duty of the Zoning Officer, who shall not refuse to accept the completed form.
709.2
The Zoning Officer shall maintain a separate file for all certificates of intention.
709.3
Each certificate of intention shall be valid for a period of one year unless extended by the Board of Supervisors for a maximum of two additional terms of one year each. Failure to renew the certificate of intention shall constitute an end of the nonconforming use status.