Warwick Township Bucks County
City Zoning Code
City Zoning Code
ARTICLE XXI
Nonconformities
§ 195-82 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A structure or lot, or part of a structure or lot, which does not comply with the applicable area, dimensional, parking, buffer, height, environmental or other provisions of this chapter or amendment heretofore or hereafter enacted, where such structure or lot lawfully existed prior to enactment of such ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs. Nonconforming lots are also governed by § 195-76 of this chapter.
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.
§ 195-83 Buildings under construction.
A building for which a valid building permit has been issued and is actually under construction to the extent of completion of footings may be completed as a nonconforming use. Buildings for which no permit has been issued or for which the footings have not been completed at the time of passage of this chapter shall be built in conformity with its requirements.
§ 195-84 Change of use.
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 all of the following conditions:
A.
Such change shall be permitted only as a special exception by the Zoning Hearing Board.
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:
§ 195-85 Discontinuation or abandonment.
No nonconforming use which has been abandoned or discontinued shall be resumed. For purposes of this section, cessation of use for the period of one year shall raise a presumption of abandonment or discontinuance, and no use which has ceased for one year shall be resumed except upon special exception by the Zoning Hearing Board, which shall only be given when the Board is satisfied that the applicant has overcome the presumption of abandonment or discontinuance.
§ 195-86 Extension of nonconformity.
[Amended 1-20-2025 by Ord. No. 2025-01]
A.
A lawful nonconforming structure that does not conform with the dimensional. area, parking, buffer, environmental and all other requirements of the district in this chapter may be extended only if the extension meets all of the requirements of this chapter. Such a structure may be extended by right along the building lines of the existing nonconformity not exceeding 25% of the area or length of the building, whichever is less and in keeping with all applicable provisions of this chapter.
B.
Any lawful nonconforming use of a portion of a building may be extended throughout the building and any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such buildings and held in single and separate ownership on the effective date of this chapter, provided that the area of the use or the building or structure in which the use is located shall not be increased by more than a total of 25% of the area of such use or structure or building existing on the date it first became a lawful nonconforming building or a building of which a lawful nonconforming use is made, and provided, further, that any structural alteration, extension or addition shall conform to all the height. area, width, yard and coverage requirements for the district in which it is located. A nonconforming use conducted mostly out of doors shall not be increased to occupy more than an additional 25% of the square footage actively devoted to the nonconforming use on the date the use first became nonconforming, provided that the expansion shall comply with applicable area and dimensional requirements of this chapter.
C.
Permission to extend a nonconforming use as described in this article shall not be construed to mean that a new use or uses may be established. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel. A structure which is nonconforming in terms of height shall not be extended to increase the height.
§ 195-87 Destruction of building.
A nonconforming building which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use, provided that the reconstructed building shall not exceed in height, area and volume the building destroyed and that the building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption and completed within two years.
§ 195-88 Condemnation of building.
A nonconforming building which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.
§ 195-89 Signs.
Any sign existing at the time of passage of this chapter and which was legally erected that does not conform with these regulations shall be considered a nonconforming sign. Owners of property upon which a nonconforming sign exists shall make application for a registration of the nonconformity with the Zoning Officer for a determination as to the sign nonconformity. Failure of an owner to comply with this provision shall be a forfeiture of the right to use the nonconforming sign or to transfer its use to a subsequent owner or tenant of the property.
§ 195-90 Identification and registration.
A.
Upon request by the Board of Supervisors or a property owner who desires to register a nonconforming use, structure or lot, and subsequent to the provision by the property owner of documentation and verification of the proposed nonconforming use, structure or lot, the Zoning Officer shall identify and register a nonconforming use, structure or lot as follows:
(1)
The location and description of the use and/or structure, including county parcel number.
(2)
The name and address of the owner of the nonconforming use or structure.
(3)
The date when the nonconforming use or structure came into existence.
(4)
A description of the nonconforming use or structure under one or more of, but not limited to, the following classifications in regard to the type, extent and volume of said nonconformity:
(a)
Nonconforming uses of open land (for example, junkyards or used car lots).
(b)
Nonconforming uses of conforming buildings (for example, a funeral home utilizing an old residence in a residential district).
(c)
Nonconforming uses of buildings usable only for nonconforming purposes (for example, a gasoline service station in a residential district).
(d)
Buildings that are nonconforming only so far as they violate dimensional regulations.
B.
The failure to register a nonconforming use for a period of two years shall be evidence of abandonment of the same.
C.
The Zoning Officer at any time may challenge any registration by ordering the same stricken or amended in any respect, which order shall be conclusive and shall determine the nature and scope of the nonconforming use or structure unless appealed within 30 days of receipt of the order to the Zoning Hearing Board.
D.
The registration of a nonconforming use or structure shall be prima facie evidence of the validity of the nonconforming use or structure until such time as the Zoning Officer challenges the registration.