West Donegal Township
City Zoning Code
City Zoning Code
ARTICLE V
Nonconforming Uses, Structures and Lots
§ 240-7 Conformity of proposed land uses.
From and after the effective date of this chapter, any existing or proposed structure, building or land shall not be erected, constructed, placed, altered, extended, maintained, used or occupied except in conformity with this chapter.
§ 240-8 Continuance of nonconforming uses.
From and after the effective date of this chapter, or any amendment thereto, any use existing at the time of enactment of this chapter, or any amendment thereto, which was not in conformity with the permitted use provisions of the district in which it is located, may be continued subject to the following limitations:
A.
Continuity of nonconforming use. No nonconforming use may be reestablished after it has been discontinued for 24 months. Vacating of premises or buildings or nonoperative status of such premises or buildings shall be conclusive evidence of discontinued use.
B.
Discontinued nonconforming use of open land. All nonconforming junkyards, junk areas, storage areas, and other nonconforming uses of open land, when discontinued for a period of 90 days or damaged or deteriorated to an extent of 60% or more of the fair market replacement costs, shall not be permitted to be reestablished, repaired or reconstructed.
C.
Expansion of nonconforming use. No expansion of any nonconforming use shall be permitted as of right. The Zoning Hearing Board may permit expansion of a nonconforming use as a special exception in accordance with the following criteria and limitations:
(1)
Expansion of the nonconforming use shall be limited to a distance of 250 feet in any direction from the existing area of the nonconforming use or to an area equal to 50% of the total usable floor area (or land area if not enclosed within a building) of the existing nonconforming use, whichever is the lesser amount.
(2)
Expansion of the nonconforming use shall be limited to the lot upon which the nonconforming use was located at the time it became nonconforming.
(3)
The limits set forth herein constitute the total permitted expansion of a nonconforming use. For example, if an applicant receives permission to expand an area equal to 40% of the total usable floor area when the use became nonconforming, in the future the use will only be able to expand to an area equal to 10% of the total usable floor area when the use became nonconforming.
§ 240-9 Substitution of uses.
Any use which complies with the regulations for the district in which the nonconforming use is located may be substituted for the nonconforming use. Once a conforming use is established, no nonconforming use shall be permitted in the future. The Zoning Hearing Board, by special exception, may permit the substitution of another nonconforming use in accordance with the following criteria and limitations:
A.
The proposed use shall be permitted in the district in which the nonconforming use would be a permitted use or in a more restrictive zoning district than a district in which the nonconforming use would be permitted. The zoning districts noted included in § 240-14 of this chapter are listed in order from the most to the least restrictive.
B.
The proposed use shall not generate more traffic than the existing nonconforming use.
C.
The proposed use, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use.
D.
The proposed use shall not generate higher levels of noise, smoke or glare off the property than the existing nonconforming use.
E.
The proposed use shall be not more detrimental to the neighboring properties and uses than the existing nonconforming use.
F.
The existing nonconforming use shall be completely abandoned.
§ 240-10 Nonconforming structures.
A nonconforming structure which is partially damaged or entirely destroyed may be rebuilt and occupied for the same use as before the damage or for any conforming use, provided the reconstructed structure shall not be larger than the damaged structure and the reconstruction shall start within one year from the time of damage to the structure.
§ 240-11 Nonconforming lots.
Any nonconforming lot held in single and separate ownership on the date of enactment of this chapter or any amendment thereto which rendered such lot nonconforming may be developed for any use permitted within the district in which the nonconforming lot is located, provided that such development complies with all setback, coverage, bulk and height requirements.
§ 240-12 Previously expanded nonconforming uses and structures.
It is the express intent and purpose of this chapter that if a building, structure or land was expanded or extended to the limits of expansion for a nonconforming building, structure or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure or land shall be authorized. In the event a nonconforming building, structure 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.
§ 240-13 Dimensional nonconformities.
An existing structure which contains a permitted use and is nonconforming as to building setbacks or lot area may be expanded, provided that:
A.
The expanded portion of the structure will not extend nearer any street right-of-way line or other property line than the part of the existing structure which is closest to the street right-of-way line or other property line.
B.
All other yard requirements of the zoning district are met.
C.
No expansion shall be permitted which will cause danger to vehicle or pedestrian traffic on a street by obscuring the view.
D.
No expansion shall be permitted within five feet of any street right-of-way line or property line.