Warwick Township City Zoning Code
ARTICLE V
Nonconformities
§ 340-109 Continuation.
Except as otherwise provided in this section, any use, building or structure lawfully existing at the time of enactment of this chapter may be continued, although it is not in conformity with the regulations specified by this chapter.
§ 340-110 Abandonment.
If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of one year or more, subsequent use of such building, structure or land shall be in conformity with the provisions of this chapter.
§ 340-111 Extension of a nonconforming use of land.
Any lawful nonconforming use of land, exclusive of buildings and structures and the use contained therein, may be extended upon the lot upon which it exists at the time of the effective date of this chapter, but such extension shall conform to area and lot regulations and the design standards of this chapter and to the percentage limitation as set forth in § 340-112A(2) of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter.
§ 340-112 Expansion or alteration.
[Amended 2-19-1997 by Ord. No. 175]
A.
Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria, and those contained in § 340-121C:
(1)
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter, or any amendment thereto creating the nonconformity.
(2)
The total of all such expansions or alterations of use shall not exceed an additional 50% of the area of those buildings or structures or land devoted to the nonconforming use as they existed on the date on which the use of such buildings, structures or land first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
(3)
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this chapter.
(4)
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
(5)
Appearance should be harmonious with surrounding properties; this feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces.
(6)
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
(7)
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
(8)
No expansion of a nonconforming structure or a nonconforming use located outside of a structure existing on the effective date of this chapter shall be permitted in the Floodplain Zone.
(9)
Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in the Floodplain Zone shall be permitted when either elevated above the base flood elevation or floodproofed. In no case shall any modification, alteration, repair, reconstruction or improvement cause unacceptable increases in flood heights, velocities or frequencies.
B.
A structure which is dimensionally nonconforming as to the required front, side or rear yard setback may be expanded; provided, that the expanded part of the structure will not extend nearer to the street right-of-way or property line, as applicable, than the part of the existing structure which is nearest to the street right-of-way or property line; and, provided further, that the use of the structure is a permitted use in the zone in which the structure is located.
§ 340-113 Substitution or replacement.
[Amended 2-19-1997 by Ord. No. 175]
Once a conforming use is established, no nonconforming use shall be permitted in the future. The Zoning Hearing Board may, by special exception, permit the substitution of one nonconforming use for an existing nonconforming use in accordance with the following criteria and limitations:
A.
The use proposed to be substituted shall be permitted as of right, by special exception or by conditional use approval in the zone in which the existing nonconforming use would be permitted as of right, by special exception or by conditional use or the proposed use to be substituted would be permitted as of right, by special exception or by conditional use approval in a more restrictive zone than the existing nonconforming use. For the purposes of this subsection, the following sequence shall be used to determine which zone is more restrictive, with the most restrictive zone being first named: Agricultural Zone (A), Rural/Estate Residential Zone (RE), Conservation Zone (C), R-1 Residential Zone (R-1), R-2 Residential Zone (R-2), Mixed Use Zone (MU), Community Commercial Zone (CC), Industrial-1 Zone (I-1), Airport Industrial Zone (I-2) and Quarry Zone (Q).
B.
The proposed use to be substituted shall not generate more traffic than the existing nonconforming use.
C.
The proposed use to be substituted, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use.
D.
The proposed use to be substituted shall not generate higher levels of noise, smoke, glare or other potential nuisance conditions or safety hazards beyond the boundaries of the property than the existing nonconforming use.
E.
The proposed use to be substituted shall not be more detrimental to the neighboring properties and uses than the existing nonconforming use.
F.
The existing nonconforming use shall be completely abandoned.
§ 340-114 Restoration.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause may be reconstructed in the same location; provided, that:
A.
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure and such reconstructed building or structure shall not increase any dimensional nonconformities.
B.
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
§ 340-115 Previously expanded nonconforming uses and structures.
It is the express intent and purpose of this chapter that if a building, structure, sign or land was expanded or extended to the limits of expansion for a nonconforming building, structure, sign or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure, sign or land shall be authorized. In the event a nonconforming building, structure, sign or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion, if permitted by this chapter, shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance.
§ 340-116 Nonconforming lots.
[Amended 2-19-1997 by Ord. No. 175]
Subject to the provisions of § 508(4) of the Act, development of nonconforming lots shall comply with the following criteria by special exception:
A.
In any zone in which single-family detached dwellings are permitted, a single-family detached dwelling may be erected on any lot held in single and separate ownership, notwithstanding limitations imposed by any other provision of this chapter, if the dwelling complies with all setback and lot coverage requirements. This provision shall apply even though the lot held in single and separate ownership fails to meet the lot area and lot width requirements of the zone in which the nonconforming lot is located.
B.
If not more than two adjoining nonconforming lots of record are held in the same ownership, the two nonconforming lots of record may be separated and developed in accordance with Subsection A, above, as if each one of the two adjoining nonconforming lots of record in the same ownership were held in single and separate ownership. This exception shall not be applicable to any lot, tract or parcel which contains more than two lots of record. The development of any lot, tract or parcel which contains more than two nonconforming lots of record shall comply with all applicable requirements of this chapter.