Whitemarsh Township
City Zoning Code
City Zoning Code
ARTICLE XXVII
Nonconforming Lot, Structure and Use
§ 116-189 Nonconforming lot.
Nonconforming lots may continue but shall be subject to regulations covering nonconforming uses.
§ 116-190 Nonconforming structures.
A nonconforming structure may continue in its present location but shall be subject to the regulations covering nonconforming uses.
§ 116-191 Structures under construction.
A structure for which a valid permit has been issued and/or is actually under construction to the extent of completion of footings may be completed as a nonconforming use. Structures not under actual construction at the time of passage of this chapter shall be built in conformity with its requirements.
§ 116-192 Change of nonconforming use.
[Amended 11-14-2024 by Ord. No. 1045]
A nonconforming use may be changed to another nonconforming use only if permitted by special exception granted by the Zoning Hearing Board in accordance with Article XXIX of this Chapter, and after the following conditions are met:
§ 116-193 Discontinued use of nonconforming lots or structures.
A nonconforming use or structure or lot, when discontinued or abandoned, may be resumed any time within one year from such discontinued or abandoned date, but not after, as the same class of use or structure but cannot be resumed as a conforming use or structure of a lower class.
§ 116-194 Extensions or alterations.
A.
Nonconforming structures being used or proposed to be used for a conforming purpose may continue and may be extended or altered if the extension or alteration does not increase the nonconformity of the structure with respect to the height, setback, yard and coverage regulations of the district in which it is located. In the case of a nonconforming use, such extension or alteration shall also meet the requirements of Subsections B and C of this section.
B.
Nonconforming uses of a portion of a structure may be extended throughout the structure. Nonconforming uses may continue and may be extended or altered in accordance with the following provisions:
(1)
That the floor area of the structure housing such use shall not be increased by more than a total 25% of the floor area of said structure existing on the date the use first became nonconforming.
C.
Existing structures and/or uses located in the Floodplain Conservation District shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
§ 116-195 (Reserved) [1]
[1]
Editor's Note: Former § 116-195, Determination of permissible change or resumption of nonconforming use, as amended, was repealed 11-14-2024 by Ord. No. 1045.
§ 116-196 Structures destroyed by fire, explosion, accident and calamity.
A nonconforming structure which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use, provided that the reconstructed structure shall not exceed in height, area and volume the structure destroyed; and that structure reconstruction shall be started within one year from the date the structure was destroyed and shall be carried on without interruption.
§ 116-197 Condemned structures.
A nonconforming structure which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.
§ 116-198 Temporary nonconforming use.
A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than one month, on the approval of the Zoning Hearing Board, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Hearing Board certificate may be issued for a period not exceeding one year in any case.
§ 116-199 (Reserved) [1]
[1]
Editor's Note: Former § 116-199, Signs, was repealed 9-25-2008 by Ord. No. 862.
§ 116-200 Abatement of certain nonconforming uses.
All nonconforming junkyards on the same lot with a plant, sales facility or a factory shall be discontinued or otherwise made to conform within 10 years of the adoption of this chapter.
§ 116-201 Nonconforming use permit.
Use permits shall be required for a nonconforming use existing at the time of passage of this chapter and shall be issued by the Zoning Officer stating that the use is nonconforming. The Zoning Officer shall notify the occupant of property being used as a nonconforming use, whereupon said occupant shall apply for a permit within 30 days after receipt of the notice.
§ 116-202 Lots forming part of development plan.
A.
The owner of any lot forming a part of a development plan shall have the right to build upon such lot, including additions to existing structures, in accordance with the requirements of this chapter as of June 22, 1966, relating to front, side and rear yards, building heights and building area coverage of principal and accessory buildings, provided that, on or before June 23, 1966:
B.
The requirements as of June 22, 1966, pertaining to the several residential districts, are as follows:
Require- ments | District AAA | District AA | District A | District B | District C |
|---|---|---|---|---|---|
Front yard | 60 ft. | 50 ft. | 40 ft. | 30 ft. | 30 ft. |
Side yards | 30 ft. | 20 ft. | 12 ft. each; 35 ft. total | 10 ft. each; 25 ft. total | 8 ft. each; 20 ft. total |
Rear yards | 60 ft. | 40 ft. | 30 ft. | 30 ft. | 25 ft. |
Building height | 25 ft. | 25 ft. | 35 ft. | 35 ft. | 35 ft. |
Building area coverage | 15% | 15% | 20% | 20% | 30% |
C.
The owner of any lot forming a part of a recorded subdivision plan promulgated under the requirements of Ordinance Nos. 205 and 286 (lot averaging) shall have the right to build upon such lot, including additions to existing structures, in accordance with the requirements of Ordinance Nos. 205 and 286.
D.
The owner of any developed lot forming part of a recorded subdivision plan approved pursuant to Ordinance No. 332 (Planned Cluster Development), enacted October 20, 1977, for AAAA, AAA, AA, and A Residential Districts shall build modifications and/or additions to existing structures and accessory buildings in accordance with the setback requirements of Ordinance No. 332.
[Amended 4-6-2006 by Ord. No. 812]
§ 116-203 Area and setback.
When authorized as a special exception, a structure may be erected or altered for the uses permitted in the zoning district upon any lot which is not of the required minimum area or width or is of such unusual dimensions that a strict application of the area, front yard, side yard, building coverage or rear yard requirements would impose an unnecessary hardship upon the owner of the lot; provided, however, that in no event shall building coverage be permitted to exceed 50%.
§ 116-204 Alteration of structure in Floodplain Conservation District.
A.
The modification, alteration, repair, reconstruction or improvements of any kind to a structure and/or use located in the Floodplain Conservation District to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible.
B.
The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use within the Floodplain Conservation District to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this chapter and any other applicable ordinance.
C.
The modification, alteration, repair, reconstruction or improvements of any kind to a structure used for the production or storage or maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the materials or substances described in § 116-164D hereinabove shall be undertaken only in full compliance with the following provisions:
[Added 1-13-1983 by Ord. No. 458]
(1)
The structure shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year-flood elevation.
(2)
The structure shall be designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
(3)
Any such structure or part thereof that will be built below the elevation described in Subsection C(1) above, shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-proofing Regulations," United States Army Corps of Engineers, June 1972, or with some other equivalent watertight standard.