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 and structures.
A.
Any lawful nonconforming use of a portion of a building or structure may be extended throughout the building or structure existing on the effective date of this chapter.
B.
Any lawful nonconforming building or structure or nonconforming use of a building or structure may be expanded on the lot occupied by such building or structure. The expansion shall be limited to an area equal to 50% of the gross floor area of the building or structure at the time of the effective date of this chapter and such expansion shall be subject to the setback regulations for the district in which it is located. Only one expansion of a nonconforming building or structure or nonconforming use of a building or structure shall be permitted to occur.
C.
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.
(2)
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
D.
Discontinuance. If a nonconforming use of land or a building ceases, is discontinued, is vacated or is nonoperative for a continuous period of 12 months or more, subsequent use thereof shall be in conformity with the provisions of this chapter.
§ 350-1503 Nonconforming structures.
A.
Restoration. Any lawful nonconforming building or 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:
(1)
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 infringe upon the required setback distance to a greater extent than did the former building or structure.
(2)
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
§ 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.
§ 350-1505 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 lots and structures which are not permitted as a use by right in the district in which they are located. 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.
