West Rockhill Township
City Zoning Code
City Zoning Code
ARTICLE XXIII
Nonconformities
§ 450-2300 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
A structure, or part of a structure, that does not comply with the applicable area, setback, yard, building height, location, size, impervious surface, and/or other dimensional requirements of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment hereto or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
§ 450-2301 Continuation.
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, may be continued except as hereinafter provided, although such use does not conform to the provisions of this chapter or subsequent amendments.
§ 450-2302 Extension of nonconforming uses and structures.
A.
A structure that does not conform to the dimensional, area, parking, buffer, environmental and all other requirements of the district and this chapter may be extended only if the extension meets all the requirements of this chapter. Such a structure may be extended by right along the building lines of the existing nonconformity in keeping with all applicable requirements of this chapter.
B.
A use that does not conform to the use regulations of the district in which it is located may be extended by special exception, provided that:
(1)
The proposed extension shall take place only upon the lot or contiguous lots held in the same ownership as existed at the time the use became nonconforming. Permission to extend a nonconforming use as described in this article shall not be construed to mean that new use or uses may be established. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
(2)
The proposed extension shall conform with the setback, yard, area, dimensional, building height, parking, sign, environmental and other requirements of the district in which said extension is located.
(3)
Any increase in building or floor area shall not exceed an aggregate of more than 50% of the building or floor area for residential uses, or 25% of building or floor area for other uses, whichever is less, existent at the date the use became nonconforming under this or previous ordinance, during the life of the nonconformity, and in any event shall be permitted only by special exception under the provisions of this chapter. Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in building or floor area under this chapter. A structure which is nonconforming in terms of height shall not be extended to increase the height.
§ 450-2303 Restoration.
A nonconforming building, or any building containing a nonconforming use, wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. No further expansion of the original nonconforming use will be permitted. If a nonconforming building or structure is removed or demolished by the owner it shall be replaced only with a conforming structure.
§ 450-2304 Abandonment.
If a nonconforming use of a building, land, or structure is abandoned for a continuous period of one year, subsequent use of such building or land shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when the nonconforming use ceases.
§ 450-2305 Use changes.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may not be changed to a different nonconforming use.