Expansion or alteration of nonconforming use.
A. Any nonconforming use or structure may be expanded or altered through the obtainment of a special exception.
B. Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter, or any amendment thereto, creating the nonconformity.
C. The total of all such expansions or alterations of use shall not exceed an additional 50% of the actual area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconforming.
D. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
E. The applicant shall furnish a detailed development plan for the site showing:
(1) Extent to which a use/building/structure will be expanded;
(2) Vehicular access, off-street parking and off-street loading consistent with standards required by this chapter;
(3) Yards, building height and building area consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located; and
(4) Buffers and screens, including, but not limited to, fences, walls, plantings and open spaces, to be provided as necessary to adequately protect neighboring lots.
F. Appearance should be harmonious with surrounding lots including, but not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces.
G. The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
H. No expansion of a nonconforming building or structure or a nonconforming use located outside of a structure existing on the effective date of this chapter shall be permitted in a floodplain.
I. Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in a floodplain shall be permitted when either elevated above the base flood elevation or flood-proofed.
J. In no case shall any modification, alteration, repair, reconstruction or improvement cause unacceptable increases in flood height, velocities or frequencies.
Substitution or replacement.
Any nonconforming use may be replaced or substituted by another nonconforming use by special exception. In evaluating an application to replace or substitute one nonconforming use by another, the East Hempfield Township Zoning Hearing Board shall consider the following criteria for approving, denying, or approving subject to condition(s) the requested replacement or substitution:
A. The proposed use is permitted in the zone in which the nonconforming use would be a permitted use, or in a more restrictive zone than the zone in which the nonconforming use would be a permitted use;
B. The proposed use shall not generate more traffic than the existing nonconforming use;
C. The proposed use, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use;
D. The proposed use shall not generate higher levels of noise, smoke, or glare off of the lot than the existing nonconforming use;
E. The proposed use or uses cannot increase the number of existing nonconforming uses; and
F. A conforming use cannot be established together with a substitution of nonconforming uses.
See
Article 6: Nonconformities for complete, detailed information.
