West Caln Township City Zoning Code
ARTICLE XV
Nonconforming Uses, Structures, Lots, and Signs
§ 350-1500 Applicability.
The regulations of this article apply to all uses, structures, lots and signs that do not conform to regulations of the district in which they are located, but were in lawful existence prior to the effective date of this chapter shall be known and regarded as nonconforming and the following regulations shall apply to them.
§ 350-1501 Continuation.
Any lawful building or other structure, or any lawful use of a building, structure land, or sign legally existing on the effective date of this chapter, or authorized by a building permit issued prior thereto, which does not conform with the provisions of this chapter, unless otherwise specified within this article, shall be considered a lawful nonconforming building, structure, use, or sign and may be continued in the form evident at the time of adoption of this chapter although such use does not conform to the provisions of this chapter except as specified herein.
§ 350-1502 Nonconforming use.
A.
Extension, expansion, or enlargement. The nonconforming use of a structure or of a lot shall not be extended, expanded, or enlarged so as to use other portions of the structure or lot, unless the Zoning Hearing Board shall by special exception as hereinafter provided, authorize the extension, expansion, or enlargement of such use. The Zoning Hearing Board, upon proper application, may grant such special exception provided that:
(1)
It is clear that such extension, expansion, or enlargement of a nonconforming use is not materially detrimental to the character of the surrounding area or to the interest of the municipality.
(2)
The area devoted to the nonconforming use shall not be increased by more than a total of 25%. This increase shall occur only once per the existence of the nonconforming use.
(3)
Any extension, expansion, or enlargement of the structure or of a lot having a nonconforming use shall conform to all area and bulk regulations of the district in which it is situated and to all regulations applicable to such a use in the district or districts in which the nonconforming use is situated. Such use shall be limited to the lot which was in existence at the time of adoption of this chapter.
B.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming use by the grant of a special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be similar to or less detrimental to its neighborhood and abutting properties than is the use it is to replace. In evaluating relative detriment, the Zoning Hearing Board shall take into consideration, among other things, potential traffic generation, nuisance characteristics (such as emission of noise, dust, odor, glare, and smoke), fire hazards, and hours and manner of operation, availability of sufficient parking facilities, storage and manner of waste removal, area and height of the building, and suitability of the building for conversion to a conforming use. The applicant shall demonstrate that a nonconforming use cannot reasonably be changed to a use permitted by-right. The Zoning Hearing Board may condition the grant of a Special Exception to change a nonconforming use. Where the proposed nonconforming use requires a lesser area of utilization than the existing nonconforming use, the Zoning Hearing Board is authorized to require measures such as, but not necessarily limited to, a reduction in the area of the structure used, and if relevant, designation of enclosed portions of the lot to be utilized for the nonconforming use, and may impose additional conditions or restrictions as authorized by this chapter.
(2)
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
C.
Restoration. No structure containing a nonconforming use damaged 75% or more by fire, explosion, wind, flood or other natural phenomena, or legally condemned shall be reconstructed for the purpose of being used for the same nonconforming use, unless:
(1)
The Zoning Hearing Board, as a special exception, authorizes such reconstruction. The applicant shall prove that the nonconforming use to be continued to be carried on in the reconstructed structure will have no substantial adverse impact on the use or development of adjacent property, nor be otherwise detrimental to the public, health, safety, or welfare.
(2)
The reconstructed structure shall not exceed the area, bulk, or height regulations of the damaged or destroyed building or structure except as provided in Subsection A, above.
(3)
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption and shall be completed within one year of the starting date.
D.
Discontinuance. If a nonconforming use of a building, structure, or land is discontinued or otherwise totally ceases 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.
E.
Abandonment. If a nonconforming use of a structure or land is removed or abandoned for a continuous period of one year, subsequent use of such structure or land shall conform with the regulations of the district in which it is located. However, the same or another nonconforming use shall be allowed provided the request for the nonconforming use is filed and approved by the Zoning Hearing Board in accordance with Subsection B above within that twelve-month period. The permit application for such approval shall be filed within 30 days after the decision of the Zoning Hearing Board with regard to the nonconforming use.
F.
Nonconforming off-street parking.
(1)
Where the number of parking spaces presently existing upon a lot is insufficient for the existing use in accordance with the provisions of Article XIII at the time of adoption, it shall constitute a lawful nonconformity, the insufficiency may continue provided the use for which such parking was established is neither changed, extended, expanded, or enlarged.
(2)
Where the number, size, or configuration of parking spaces is lawfully nonconforming with respect to any use, structure, or activity upon a lot, and the applicant seeks to change or enlarge such use or activity, the application or plan shall include the additional parking required in conformance with this chapter.
§ 350-1503 Nonconforming structures.
A.
Extension, expansion, or enlargement. Nonconforming structures may be altered, renovated or enlarged provided that such alteration, renovation or enlargement does not increase the floor area of the nonconforming structure by more than 25% of the floor area of the structure as it existed on the date when the structure became nonconforming. Such alteration, renovation or enlargement shall be authorized as a special exception by the Zoning Hearing Board. The Zoning Hearing Board, upon proper application, may grant such special exception provided that:
B.
Restoration. A nonconforming structure or building damaged 75% or more by fire, explosion, wind, flood or other natural phenomena, or legally condemned shall not be reconstructed, except as a conforming structure, unless:
(1)
The Zoning Hearing Board, as a Special Exception, authorizes the reconstruction of the structure to no greater than its former, nonconforming dimensions, except as provided in Subsection A, above. The applicant shall prove that the nonconforming reconstructed structure will have no substantial adverse impact on the use or development of adjacent property, nor be otherwise detrimental to the public, health, safety, or welfare.
(2)
The reconstructed structure or building shall not exceed the height, area, and volume of the original structure or building, except as provided in Subsection A, above.
(3)
Reconstruction shall begin within one year from the date of damage or destruction, and shall be carried on without interruption and shall be completed within one year of the starting date.
§ 350-1504 Nonconforming lots.
A.
A building or structure may be erected or altered on any nonconforming lot held at the effective date of this chapter, under the following circumstances:
(1)
Any owner of two or more contiguous lots that, if combined, would create a lot of conforming size, shall be required to combine such lots prior to the issuance of a building permit.
(2)
A structure or building may be constructed on a lot existing at the date of adoption that is nonconforming solely in respect to lot area requirements, but able to meet front, side, and rear yard setback requirements, when authorized by the Township Zoning Officer.
(3)
If the front, side, or rear yard setback requirements cannot be met, a special exception may be authorized by the Zoning Hearing Board. Contiguous nonconforming lots under common ownership shall be considered one lot.
B.
No lot area shall be reduced so that the area or width of the lot or the applicable setback dimensions shall be smaller than prescribed for the district in which it is located.
C.
An existing structure located on a lot nonconforming as to area may be used for the use permitted in the district in which it is located, provided the structure complies with all bulk requirements of that district.
D.
If a nonconforming structure is located on a nonconforming lot, unless such structure is already in a nonconforming use, such structure may be used for a use permitted in the district in which it is located when it is determined by the Zoning Hearing Board, that the proposed use, as proved by the applicant, shall have no substantial adverse impact on the use or development of adjacent property, nor be otherwise detrimental to the public, health, safety, or welfare.
§ 350-1505 Nonconforming signs.
Any nonconforming sign legally existing at the effective date of this chapter shall be bound by the following regulations:
A.
Relocation. A nonconforming sign may be relocated provided that relocating such a sign would eliminate the nonconformity. A nonconforming sign shall not be moved to a position where such sign remains nonconforming unless permitted by special exception.
B.
Area. The total area of all such signs relating to a single use at the effective date of this chapter, or at the effective date of any amendment of this chapter by which any sign shall be made nonconforming, shall not be increased.
C.
Repair or replacement. Nonconforming signs, once removed or damaged more than 60%, including structural framing or bracing, shall be replaced only with conforming signs. Nonconforming signs with damage of 60% or less may be repainted or repaired, provided that such repainted or repaired sign does not exceed the dimensions of the existing sign.
D.
Discontinuance. Whenever any nonconforming use of building, structure, or land, or of a combination of buildings, structures, and land is discontinued, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within 90 days after the date such use terminates.
§ 350-1506 Registration.
In order to facilitate the administration of this chapter, the Township Zoning Officer shall cause to be made and maintained an accurate listing and description of those nonconforming uses, signs, lots and structures which are not permitted as a use by right in the district in which they are located and for which no special exception or variance has been granted. Such listing shall be a matter of public record and shall constitute notice to anyone acquiring any right to use or own such property. Omission of a nonconforming use or structure or failure to maintain such list, however, shall in no way modify the status of nonconformity nor shall the Township, its officials, or its employees, be liable for damages as a result of such omission or failure.