Upon motion by, seconded by, the following Ordinance was duly enacted, voting in favor of enactment, voting against enactment. ORDINANCE 2006-4 An Ordinance to amend and revise Ordinance No. 2 and Ordinance No. 100 as amended and restated by Ordinance No. 74-29, as amended, commonly known as the Zoning Ordinance, to amend, revise and restate Article V, governing nonconforming uses, lots and structures, and containing repealor and severability clauses. WHEREAS, Article V of the Zoning Ordinance, as restated and amended by Ordinance No. 74-29, as amended, has stated regulations governing non-conforming use ; and WHEREAS, the Board of Supervisors has determined that Article V of the Zoning Ordinance does not adequately define or regulate issues pertaining to nonconforming lots, structures or uses and that such regulations should be amended, revised and restated; and WHEREAS, a proposed Ordinance amending, revising and restating regulations governing nonconforming lots, structures and uses was referred to the Planning Commission and, after public notice and its public meeting, the Planning Commission recommended amendment, revision and restatement of said regulations; and WHEREAS, after public notice, public meeting and hearing as required by the Municipalities Planning Code, the Board of Supervisors has determined that regulations governing nonconforming lots, structures and uses should be so amended, revised and restated. IT IS HEREBY ORDAINED AND ENACTED by the Board of Supervisors of the Township of Millcreek, Erie County, Pennsylvania, and it is ordained and enacted, as follows: SECTION 1. Article V of the Zoning Ordinance, Ordinance No. 74-27 as amended, is hereby amended so as to be entitled Nonconforming Lots, Structures and Uses and to provide as follows:
ARTICLE V NONCONFORMING LOTS, STRUCTURES AND USES SECTION 5.01. INTENT AND PURPOSES 5.01.1 If, within the zoning districts established by this ordinance or due to amendments that may later be adopted, there exist lots, structures or uses which were lawful before this ordinance was enacted or amended but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments, it is the intent of this ordinance to permit these nonconformities until they are removed, except as specifically provided to the contrary in this ordinance. 5.01.2 Such lots, structures and uses are declared to be incompatible with authorized lots, structures and uses in the zoning districts involved. It is the intent of this ordinance that lots, structures and uses be brought into compliance with existing regulations and that any expansion of a nonconformity be effected in accordance with then existing regulations, subject to the provisions of this Article. 5.01.3 A nonconforming lot, structure or use shall not be extended, expanded or enlarged upon by (a) the addition of other uses, if such additions are of a nature which would be prohibited generally in the district; (b) attachment of additional signs to a building; or (c) the placement of additional signs or display devices on the land outside the building. 5.01.4 To avoid undue hardship, this ordinance shall not be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual construction has been diligently commenced. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and where demolition or removal of an existing building or structure has substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction so long as that work shall be diligently carried on until completion of the building or structure involved, in any event within twelve (12) months after the date on which a zoning permit was issued. 5.01.5 Where the zoning use classification of property is amended upon petition by the owner or equitable owner of such property, such amendment shall not be deemed one according protection to uses existing as of the date of such amendment, and the owner, upon amendment of the zoning classification, shall bring uses of the property into compliance with those permitted in this ordinance for the district so requested by the owner. All petitions for rezoning shall include the owner s agreement to bring uses into conformity with those permitted in the requested zoning district. 2
5.01.6 If boundaries of a zoning district are changed so as to transfer land from one zoning district to another, other than pursuant to petition by the owner or equitable owner of that land, this Article shall govern uses that thereby become nonconforming. 5.01.7 Nonconformities which are dimensional in nature shall not be deemed to have any natural right to expansion. 5.01.8 Except where specifically authorized in this Article, any change, expansion, enlargement, construction, reconstruction or structural alteration of a nonconforming lot, structure or use shall be allowed only upon the grant by the Zoning Hearing Board of a variance upon the Board s finding that grounds for a variance exist. SECTION 5.02 NONCONFORMING LOTS OF RECORD 5.02.1 Any existing lot of record within a subdivision or otherwise which was created prior to the enactment of this Ordinance and which is located in any district in which single family dwellings are permitted may be used for the erection of a single family dwelling and for a residential garage, addition or building accessory to a single family dwelling, even though the lot s area, width and/or depth is less than requirements established in this Ordinance; provided, that yard setback and other regulations shall be complied with. 5.02.2 If two or more lots of record with continuous frontage are held in single ownership and if both, all or any of such lots do not meet the requirements in this Ordinance for lot area and width in the zoning district, the lands involved shall be considered to be an undivided parcel for purposes of this Ordinance. No portion of said parcel(s) shall be used or sold which does not meet lot width and lot area requirements established by this Ordinance, nor shall any division of the parcel(s) be made which leaves remaining any lot having a width or area less than the requirements established in this Ordinance. Any division of said parcel(s) containing a nonconforming use of a structure shall conform with the minimum lot width and area requirements for authorized uses. The Zoning Administrator, upon receipt of an application for permit, shall have authority to direct that the lots of record be replotted to create fewer lots if necessary to comply with requirements of this Ordinance. SECTION 5.03 NONCONFORMING STRUCTURES If a lawful building or structure exists at the effective date of this Ordinance that could not be built under the terms of this Ordinance, such building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 3
5.03.1 No such building or structure may be enlarged, increased in height or have any structural alterations made in a way which increases its nonconformity, unless the Zoning Hearing Board after finding that an undue hardship exists authorizes a reasonable modification and all applicable area, setback, parking and loading regulations are complied with. 5.03.2 Should such building or structure be destroyed by any means, it may be repaired or reconstructed; provided, that such restoration is commenced within twelve (12) months after the date of damage and that the use and intensity of use is no more objectionable or no greater than existed prior to destruction. If work to restore the damaged structure is not commenced within twelve (12) months after the date of damage, such building or structure shall not be reconstructed except in conformity with the provisions of this Ordinance. 5.03.3 Should such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the zoning district in which it is located. 5.03.4 No expansion or enlargement of any building or structure shall be allowed within any identified flood plain that would cause any increase in flood heights. SECTION 5.04 NONCONFORMING USES OF LOTS Where a lawful use of a lot exists at the effective date of this Ordinance that is made no longer permissible under the terms of this Ordinance as enacted or amended, such use may be continued as long as it remains otherwise lawful, subject to the following provisions: 5.04.1 No such nonconforming use shall be enlarged, increased, expanded or extended to occupy a greater area of land than was occupied at the effective date of this Ordinance, unless the Zoning Hearing Board should determine that the enlargement or expansion is necessary by the natural expansion and growth of trade of the nonconforming use. 5.04.2 No such nonconforming use shall be moved, in whole or in part, to any portion of the lot not occupied by such use at the effective date of this Ordinance. 5.04.3 If such nonconforming use of a lot ceases or is discontinued for any reason for a period of more than twelve (12) months, it shall be presumed that the nonconforming use has been abandoned, and any subsequent use of such lot shall conform to the regulations established in this Ordinance for the zoning district in which the lot is located. 5.04.4 Whenever a nonconforming use of a lot has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. 4
SECTION 5.05 NONCONFORMING USES OF STRUCTURES Where a lawful use of a building or structure or of a building/structure and a lot in combination exists at the effective date of this Ordinance that would not be allowed under the requirements of this Ordinance for the zoning district, the lawful use may be continued, subject to the following provisions: 5.05.1 No existing building or structure devoted to a use not permitted by this Ordinance in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or otherwise have any structural alterations made to it except in changing the use of the structure to an authorized use in the zoning district, unless the Zoning Hearing Board shall determine that the enlargement, extension, construction, reconstruction or structural alteration is necessitated by the natural expansion and growth of trade of the nonconforming use and grant a variance allowing the same, subject to such reasonable conditions as the Board may attach. 5.05.2 The nonconforming use may be extended throughout any part of the building or structure that was manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any lot or portion of a lot outside such building or structure and all area, yard and parking requirements for the district in which the building or structure is located shall be complied with. 5.05.3 A nonconforming use of a building or structure may be changed to another nonconforming use of the same or of a more restrictive nature so long as no structural alterations are made other than those directed by the Zoning Administrator in writing to assure the safety of the building or structure; provided, that such change shall (a) be registered by the Zoning Administrator; (b) constitute an abandonment of the former nonconforming use so changed and (c) prohibit any future change to a less restricted use. 5.05.4 Any building or structure and lot in combination in or on which a nonconforming use is superseded by an authorized use shall thereafter conform to the regulations for the zoning district in which such building or structure is located, and the nonconforming use may not thereafter be resumed. 5.05.5 If such nonconforming use of a building or structure, or of a building or structure and lot in combination, ceases or is discontinued for any reason for a period of more than twelve (12) months, it shall be presumed that the nonconforming use has been abandoned, and any subsequent use of such building and structure and lot shall conform to the regulations established in this Ordinance for the zoning district in which the lot is located. 5.05.6 Where nonconforming status applies to both the use and the building or structure, removal or destruction of the nonconforming building or structure shall eliminate the nonconforming use on the lot. 5
SECTION 5.06 REPAIRS AND MAINTENANCE 5.06.1 Nothing in this Article shall be deemed to prevent the strengthening or restoring to a safe condition any building or structure or portion thereof which has been declared to be unsafe by any official charged with protecting the safety of the public. SECTION 5.07 NONCONFORMITY DISTINGUISHED 5.07.1 Any use approved as a permitted use, as a use on special exception or by a variance as authorized in this Ordinance shall not be deemed a nonconforming use. SECTION 5.08 ADMINISTRATION 5.08.1 The Zoning Administrator is authorized to register nonconforming lots, buildings and structures, uses of lots and uses of buildings and structures existing in the Township. 5.08.2 When determinations are made in accordance with this Article that a nonconforming lot, building or structure or use of a lot or building or structure exists or may be altered, a record of the determination shall be maintained in the property file. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is hereby declared the legislative intent that this Ordinance would have been adopted had such valid or unconstitutional provision of its application not been included herein. SECTION 3. All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed. Article V, Sections 501 and 502, of Ordinance No. 74-29, as heretofore amended, is expressly repealed upon the effective date of amendments and the restatement established by this Ordinance. th BE IT ENACTED this 28 day of March, 2006. 2006-4/MLK/ORDS Lawrence G. Curtis, Secretary 6