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1. Except as otherwise provided in this Section, the lawful use of land or buildings existing at the date of the adoption of this Chapter may be continued, although such use of land or building does not conform to the use regulations specified by this Chapter for the zone in which such land or building is located.
2. Any nonconforming lot or structure existing at the date of the adoption of this Chapter may also be continued.
(Ord. 2024-01, 5/13/2024)
1. Nonconforming Use. Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria:
A. Expansion or alteration of the nonconforming use shall not exceed 35% of the existing buildings, structures, parcels, lots or tracts of land devoted to the nonconforming use. The expansion (or alteration shall be applied to buildings and lots individually and separately. Thus, a building or buildings containing a pre-existing, nonconforming use may be expanded no more than 35% regardless of the size of the lot area devoted to the use. Lot area is also to be calculated separately and individually. Such approved expansion or alteration of a nonconforming use shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
B. With the expansion or alteration of a nonconforming use, access, off-street parking and loading requirements shall be in compliance with Part 7.
C. A nonconforming use may not replace a conforming use.
D. All yard and building requirements shall be in compliance with the standards of the zoning district in which the nonconformity in question is located.
2. Nonconforming Structure. A nonconforming structure may be altered or expanded. If such alteration or expansion is no greater than 25% of the existing nonconforming area as of date the structure became nonconforming (calculated on the ground floor area only), a permit for the expansion/alteration may be issued by the Zoning Officer. If the expansion/alteration is between 25% and 40% greater in area, a special exception from the Zoning Hearing Board is required, in accordance with the provisions of this Chapter.
3. No extension or enlargement of a dimensional nonconformity shall be permitted.
4. Any expansion that will reduce the extent of any nonconformity is allowed by permitted use.
(Ord. 2024-01, 5/13/2024)
If any nonconformity other than a single family dwelling is destroyed by reason of windstorm, fire, explosion, or other act of God or a public enemy, to an extent of more than 75% of the market value of the structure, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired. Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.
(Ord. 2024-01, 5/13/2024)
1. A nonconforming use shall be presumed as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this Chapter.
2. In the case of an agricultural use in an non-agricultural zone, the use may continue indefinitely until such time as the use becomes non-agricultural.
(Ord. 2024-01, 5/13/2024)
Part 10
Zoning Hearing Board
Zoning Hearing Board
1. Membership of Board.
A. The membership of the Board shall, upon the determination of the Board of Supervisors, consist of either three or five residents of the Township appointed by resolution of the Board of Supervisors. The terms of office of a three member board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member board shall be five years and shall be so fixed that the term of office of one member shall expire each year. If a three member board is changed to a five member board, the members of the existing three member board shall continue in office until their term of office would expire under prior law. The Board of Supervisors shall appoint two additional members to the Board with terms scheduled to expire in accordance with the provisions of this subsection.
B. The Board shall promptly notify the Township Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township.
2. Alternate Members. The Board of Supervisors may appoint by resolution at least one, but no more than three, residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 27-1001.C. of this Chapter, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this Section and as otherwise provided by law. Alternates shall hold no other office in the Township. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to §907 of the Pennsylvania Municipalities Planning Code, as amended, unless designated as a voting alternate member pursuant to §27-1001.C. of this Chapter.
3. Organization of Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
A. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board.
B. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this Section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
C. The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Township Supervisors upon request from the Board of Supervisors.
4. Powers of the Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final decisions in the following matters:
A. Substantive challenges to the validity of any land use ordinance except those brought before the Board of Supervisors pursuant to §§ 609.1 and 916.1 (a)(2) of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. §§ 106019.1(a)(2).
B. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.
C. Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefore, or the issuance of any cease and desist order.
D. Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E. Applications for variances from the terms of this Chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 27-1003.B. of this Chapter.
F. Applications for special exceptions under this Chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 27-1004 of this Chapter.
G. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this Chapter.
H. Appeals from the Zoning Officer's determination under § 916.2, "Procedure to Obtain Preliminary Opinion," of the Pennsylvania Municipalities Planning Code, as amended.
I. Appeals from the determination of the Zoning Officer, or Township Engineer, in the administration of any land use ordinance, or provision thereof, with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development.
5. Board Calendar. Each application or appeal filed in the proper form with the required data, must be numbered serially and be placed upon the calendar of the Board by the Secretary. Applications and appeals must be assigned for hearing in the order in which they appear on the calendar. However, for good reason, the Board may order the advance of the application or appeal.
(Ord. 2024-01, 5/13/2024)
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