West Grove City Zoning Code
ARTICLE XXII
Nonconformities
§ 400-143 Applicability and continuation.
A.
Any lawful building or other structure, or any lawful use of a building or other structure or land, legally existing on the effective date of this chapter, which does not conform with the provisions of this chapter, shall be considered a lawful nonconforming building, structure or use, and may be continued, except as otherwise herein provided.
B.
Any lawful building or other structure, or any lawful use of a building or other structure or land, legally existing on the effective date of this chapter, may be transferred, and the new owner may continue the nonconformity, subject to the provisions of this chapter.
§ 400-144 Nonconforming buildings, structures and uses.
A.
Extension.
(1)
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 building and held in single and separate ownership on the effective date of this chapter, provided that the area of such building shall not be increased by more than a total of 25% of the area of such building existing on the date it first became a lawful nonconforming building or a building of which a lawful nonconforming use is made when authorized by the Zoning Hearing Board as a special exception.
(2)
An extension of the nonconformity shall be permitted only one time during its existence and if it is clear that such alteration, extension, or addition is not materially detrimental to the character of the surrounding neighborhood and abutting properties.
(3)
Any structural alteration, extension, or addition shall conform with all height, area, width, yard and bulk requirements for the district in which it is located, and in no case shall increase any structural nonconformity.
(4)
Use of land. Any lawful nonconforming use of land exclusive of buildings and the use contained therein may be extended upon the lot upon which it exists at the time of the effective date of this chapter, but such extension shall conform to area and bulk requirements and to the design standards of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter.
B.
Change.
(1)
Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character or of a similar or lesser impact than the use it is to replace when authorized by the Zoning Hearing Board as a special exception, and for such purpose, a building may be extended on the same lot in accordance with § 400-144A. In evaluating relative impact, the Zoning Hearing Board shall take into consideration issues including but not limited to: potential traffic generation; nuisance characteristics such as emission of noise, dust, odor, glare, and smoke; fire hazards; and hours and manner of operation.
(2)
Whenever the nonconforming use of a building or land has been changed to a use of greater conformity or a conforming use, such conforming use shall not thereafter be changed to a nonconforming use or use of less conformity.
C.
Restoration. Any lawful nonconforming use, building, or other structure which has been involuntarily destroyed by fire, explosion, windstorm, or other similar cause, or legally condemned, may be reconstructed in the same location when approved by conditional use, provided that:
D.
Discontinuance or abandonment.
(1)
If a lawful nonconforming use of land, a building, or other structure is discontinued or abandoned for a continuous period of one year or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
(2)
The same nonconforming use shall be permitted, provided the request for the nonconforming use is filed within the one-year period and thereafter approved and the permit application for such approved nonconforming use is filed within 30 days after the decision of the Borough.
§ 400-145 Lots nonconforming as to area and width regulations; lots of unusual dimensions.
A.
A building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area, or width, or is of such unusual dimensions that the owner would have difficulty in providing the required minimum setbacks for the district in which such lot is situated, provided a special exception is authorized by the Zoning Hearing Board, and provided further that the applicant does not own or control other adjoining property that, when combined, would be sufficient to enable them to comply with the provisions of this chapter, as amended. In considering a special exception to permit erection or alteration of a building on a lot nonconforming as to area and bulk requirements, the Zoning Hearing Board shall impose the following additional requirements:
(1)
That the use of the lot shall be required to conform to the permitted uses in the district in which such lot lies.
(2)
That the building height shall be restricted to that specified for other buildings within the district in which the lot lies.
(3)
That the design standards imposed for uses within the district in which the lot lies may be applied to the use of the lot.
(4)
Impose such conditions as are necessary to assure compliance with the general purpose and intent of the Zoning Ordinance.
B.
In any district in which single-family dwellings are permitted, notwithstanding the area limitation imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record in existence at the effective date of adoption or amendment of this chapter, without Zoning Hearing Board action, provided that such lot must be in single and separate ownership.
C.
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 in the zoning district in which it is located.
§ 400-146 Nonconforming signs.
A.
Any sign, signboard, billboard, or advertising device existing at the time of the passage of this chapter that does not conform with the regulations of the district in which it is located shall be considered a legal nonconforming sign and may be used in its existing location, provided it is maintained in good condition and repair at all times, but shall not be increased in size.
B.
Nonconforming signs once removed shall be replaced only with conforming signs; however, a nonconforming sign may be moved, provided that moving such sign would eliminate the nonconformity.
C.
Legal nonconforming signs may be repainted or, after issue of a permit, repaired or modernized, provided that such repaired or modernized sign does not exceed the dimensions of the existing sign.
D.
The message of a nonconforming sign may be changed, as long as it does not create any new nonconformity.
E.
Whenever any use of land, building or other structure ceases as prescribed by § 400-144D, all signs accessory to such use shall be removed within 30 days from the date such use terminates.
F.
Restoration. Any sign which has been involuntarily destroyed by fire, explosion, windstorm, or other similar active cause, or legally condemned, shall be replaced with a conforming sign.