West Nantmeal Township
City Zoning Code
City Zoning Code
ARTICLE XI
Nonconformities
§ 215-163 Statement of intent.
A.
The purpose and objective of the provisions established under Article XI of this chapter is to establish specific regulations pertaining to nonconforming uses, lots, land areas, building and/or structures.
B.
Through the enactment of this chapter, there exists or will exist certain nonconformities which, if lawful before this chapter was passed or amended, may be continued, subject to certain limitations, although such nonconformities would be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto.
C.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption and on which actual building construction has been diligently conducted.
§ 215-164 Continuation.
Any nonconforming building or structure, nonconforming use of a building or structure, nonconforming use of a lot or use of a nonconforming lot existing on the effective date of this chapter may be continued in the form evident at the time of enactment of this chapter, except as otherwise provided in this article of this chapter.
§ 215-165 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.
§ 215-166 Nonconforming use of land.
Any lawful nonconforming use of land, exclusive of buildings and structures 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, provided that such extension shall conform to area and lot regulations and to the design standards of this chapter for such use. The extension of a nonconforming use of land shall be limited to the lot which was in existence on the effective date of this chapter.
§ 215-167 Expansion of nonconforming use.
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.
§ 215-168 Reconstruction.
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:
A.
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.
B.
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
§ 215-169 Change of use.
A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use, provided that the Zoning Hearing Board shall find that the proposed use is less intense than the prior use. Such intensity shall be measured by the extent of lot coverage, parking, traffic impact, noise pollution, air pollution, safety and other area and bulk regulations.
§ 215-170 Nonconforming lots of record.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In any district in which single-family detached dwellings are permitted, a single-family detached dwelling may be erected on any single lot of record at the effective date of this chapter notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in a single and separate ownership and not have continuous frontage with other lots in the same ownership.
§ 215-171 Registration of nonconformities.
The burden of proof that the use, lot, structure or building is a nonconformity shall be the responsibility of the property owner. All known nonconformities shall be a matter of public record and shall constitute sufficient notice and the limitations therein express and implied to any transferee acquiring any right to use or own such property.