West Earl Township City Zoning Code
ARTICLE VI
Nonconforming Uses and Structures
§ 184-45 Conformity with provisions required.
From and after the effective date of this chapter, any existing or proposed structure, building, sign or land shall not be erected, constructed, placed, altered, extended, maintained, used or occupied except in conformity with this chapter.
§ 184-46 Continuation of nonconforming uses and structures.
From and after the effective date of this chapter, any use or structure existing at the time of the enactment of this chapter, but not in conformity with the permitted use provisions or dimensional requirements for the district in which it is located, may be continued subject to the following limitations:
A.
Expansion in nonconforming uses and structures.
(1)
Expansion of nonconforming uses. No expansion of a nonconforming use shall hereafter be made unless an appeal has been filed with the Zoning Hearing Board and such expansion has been approved by such Board as a special exception; provided, however, that the expansion of the nonconforming use shall be limited to a distance of 250 feet in any direction from the existing nonconforming use or to an area equal to 50% of the area of the existing nonconforming use, whichever is the lesser, or in the case of a building, the expansion shall be limited to an area equal to 50% of the existing total usable floor area of the building; provided, further, that any expansion of a nonconforming use shall be limited to the lot limits which existed on the property in question on the date that the use became nonconforming. Any expansion of a nonconforming use shall comply with all applicable yard, setback and maximum lot coverage requirements.
(2)
Expansion of nonconforming structures: front yard. A structure which is located within the required front yard area of the district in which it is located is permitted to expand, provided that the expanded part of the structure will not extend nearer to the street than that part of the existing structure which is nearest to the street, the minimum side yard and rear yard areas of the district are complied with and the use of the structure is a permitted use in the district in which it is located.
[Amended 4-27-1998 by Ord. No. 137]
(3)
Expansion of dimensionally nonconforming structures: side yard. A structure which is located within the required side yard area of the district in which it is located is permitted to expand, provided that the expanded part of the structure is limited to one story and has a maximum height of 16 feet, that the square footage of said expansion shall be no greater than 25% of the first floor area of said structure, that said expansion shall not extend nearer to the side yard property line and that the required rear yard setback shall be maintained.
[Added 4-27-1998 by Ord. No. 137]
B.
Continuity of nonconforming uses. No nonconforming use may be reestablished after it has been discontinued for 12 months. Vacating of premises or buildings or the nonoperative status of such premises or buildings shall be conclusive evidence of discontinued use.
C.
Substitution of nonconforming uses. No nonconforming use may be changed to any other nonconforming use unless the Zoning Hearing Board shall, in granting a special exception, find that the proposed nonconforming use is not more detrimental to the district than the existing nonconforming use of the property. The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with such change and the granting of such special exception.
D.
Damage to 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, provided that the reconstructed structure shall not be larger than the damaged structure and that the reconstruction shall start within six months from the time of damage to the structure.
E.
Substitution of a nonconforming use with a conforming use. If a nonconforming use is proposed to be eliminated and a conforming use substituted but certain land regulations cannot be met (such as area, yard, etc.), the Zoning Hearing Board, with such appropriate conditions and safeguards as the Board may see fit, may grant a special exception to permit such conforming use.
§ 184-47 Previously expanded nonconforming uses and structures.
A.
Notwithstanding any provision of this chapter to the contrary, no provision of this chapter shall be construed to enable or permit the expansion of a building, structure, sign or use of land which existed as a nonconforming building, structure, sign or use of land pursuant to the provisions of any prior zoning regulation or ordinance, in excess of the limits of expansion for a nonconforming building, structure, sign or use of land authorized hereunder.
B.
It is the express intent and purpose of this chapter that if a building, structure, sign or use of land was expanded pursuant to a prior zoning regulation or ordinance, any further expansion of said building, structure, sign or land shall, if permitted by this chapter, only be authorized to the extent of the expansion permitted under § 184-45A which has not been previously utilized.
§ 184-48 Unsafe or unlawful structures.
If a nonconforming structure or building or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
§ 184-49 Uses allowed under special exception provisions.
Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district but shall, without further action, be considered a conforming use.
§ 184-50 Registration of nonconforming uses and structures.
A.
All nonconforming uses and nonconforming structures in existence on the effective date of this chapter shall be registered with the Zoning Officer within 180 days from said effective date. If by amendment a use or structure which was lawfully in existence prior to the effective date of said amendment becomes, by operation of that amendment, a nonconforming use or structure, such nonconforming use or structure shall be registered with the Zoning Officer within 180 days from the effective date of the amendment. Any nonconforming use or nonconforming structure not registered within said one-hundred-eighty-day period shall be deemed to be discontinued at the expiration of said one-hundred-eighty-day period for the purpose of this chapter. Registration shall be accompanied by a completed registration statement in such form as the Zoning Officer may prescribe. It shall contain a description of the existing use and existing structure, a designation of the zoning district and such additional information as may be required by the Zoning Officer. Before permitting registration of any nonconforming use or nonconforming structure, the Zoning Officer may, at his discretion, examine or cause to be examined all buildings, structures, signs or land and portions thereof for which the proposed registration statement has been filed.
B.
No provision of this section shall be construed to enable or permit the registration of a nonconforming use or nonconforming structure which existed as a nonconforming use or nonconforming structure pursuant to the provisions of any prior zoning regulation or ordinance and which was not registered within the time and in the manner set forth therein.