All uses, structures, lots, and signs that do not conform to the regulations of the district in which they are located, but were in lawful existence prior to the effective date of this Chapter, or any amendment thereto, shall be known and regarded as nonconforming and the following regulations shall apply:

A. The lawful use of a building, land or sign existing at the time of adoption of this Chapter or any amendment thereto (or at the time of a change in the Zoning Map), or authorized by a building permit issued prior thereto, may be continued in the form evident at the time of adoption of this Chapter although such use does not conform to the provisions of this Chapter, or to any subsequent amendment.

B. Change of Use.

(1) A nonconforming use of a structure or land may be changed to a conforming use and once changed no structure or land shall be permitted to revert to a nonconforming use.

(2) Any nonconforming use of a structure or land may be changed to a use that conforms to this Chapter; provided; that where required, a use and occupancy permit is obtained for such change.

(3) A nonconforming use may be changed to another nonconforming use only by grant of special exception upon determination by the Zoning Hearing Board that, after public hearing, the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration, among other things, the following:

(a) The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where it is located.

(b) Proposed structural alterations, if any, shall be the minimum necessary to facilitate the proposed use and generally shall not create nor increase any structural or dimensional nonconformity.

(c) The applicant shall have the burden of demonstrating that the proposed use will have the same or lesser impact than the existing nonconforming use with respect to:

1) On-street parking, traffic generation and congestion.

2) Noise, smoke, dust, noxious matter, heat, glare, vibration and other nuisance characteristics relative to the particular use.

a) Storage and waste disposal.

b) External appearance.

c) Fire hazards.

d) Hours of operation.

e) Sewage treatment.

f) Demand for water supply.

g) Amount of stormwater runoff to be controlled.

C. Extension or Enlargement. The nonconforming use of a building or of a lot shall not be extended or enlarged, so as to use other portions of the building or lot, unless the Zoning Hearing Board shall, by special exception as hereinafter provided, authorize the extension or enlargement of such use or building. The Zoning Hearing Board, upon proper application, may grant such special exception; provided that:

(1) It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the Township.

(2) The area devoted to the nonconforming use shall in no case be increased by more than 25%, as measured by floor area. This increase by 25% shall occur only once per nonconforming use.

(3) Any extension of a building having a nonconforming use shall conform to the area and bulk regulations of the district in which it is situated and to all other regulations applicable to such a use in the district or districts in which the use is now permitted.

D. Abandonment. Whenever a lawful nonconforming use of a structure or land is abandoned for a continuous period of 1 year or more, the subsequent use of such structure or land shall be in full compliance with the provisions of this Chapter.

E. Nonconforming Structures.

(1) Any lawful nonconforming structure that has been involuntarily damaged by fire, explosion, flood, windstorm or similar cause to an extent of not more than 75% of its fair market value or that has been legally condemned may be restored within the limits of the existing foundation and within its original dimensions. Restoration shall commence within 1 year from the date of the damage, destruction or condemnation and shall be carried on consistently without major interruption on a time schedule agreed to by the Zoning Officer at the time of issuance of the building permit. Where the damage or destruction exceeds 75% of the fair market value, any restoration, reconstruction or new construction shall comply fully with the provisions of this Chapter.

(2) Any lawful nonconforming structure existing at the effective date of this Chapter may be extended provided that such extension conforms to the applicable area and bulk requirements of the zoning district. The additional building area represented by the proposed extension shall not exceed 25% of the floor area of the nonconforming building existing at the time of the effective date of this Chapter, nor shall the additional building area increase the extent of the existing nonconformity.

F. Nonconforming Lots.

(1) A vacant lot held on the effective date of this Chapter or subsequent amendments in single and separate ownership that does not meet the minimum area or dimensional requirements of the applicable zoning district may be used and a structure may be built thereon provided the required minimum yard areas are met. Where the minimum yard requirements cannot be met or where alterations or enlargements would result in further noncompliance with the applicable zoning district requirements, a variance from the Zoning Hearing Board shall be required.

(2) In the event that an owner of a nonconforming lot also owns an adjacent property that in combination would be sufficient to enable compliance with the provisions of this Chapter, such properties or portions thereof shall be combined through the subdivision and land development process prior to the erection or alteration of a building or other structure.

G. Nonconforming Signs. Any sign existing at the effective date of this Chapter or subsequent amendment that does not conform to the provisions of the Code of Ordinances shall be considered a nonconforming sign and shall comply with the requirements of the Code of Ordinances.

H. Nonconforming Structures Saving Historical Significance. The limitations on extension of a nonconforming structure, as provided in the Code of Ordinances may be waived or modified by the Zoning Hearing Board as a special exception where the structure is designated as historically significant under the criteria in the Code of Ordinances and as listed in the Thornbury Township Inventory of Historic Resources. In reaching its decision, the Zoning Hearing Board shall be guided by the criteria in the Code of Ordinances regarding special exceptions and regarding historically significant properties.

I. Nonconformities Within the Floodplain Conservation District. The standards and procedures governing nonconforming uses and structures within the Floodplain Conservation District shall be those provided in the Code of Ordi- nances.

J. Registration of Nonconforming Uses and Structures. The Zoning Officer shall make and maintain an accurate listing of those nonconforming uses and structures that are not permitted as a use by right in the district in which they are located and for which no special exception or variance has been granted. Such listing shall be a matter of public record and shall constitute notice to anyone acquiring a right to use or own such property. Omission or failure with respect to such notice however shall in no way modify the status of nonconformity nor shall Thornbury Township, its officials or employees be liable for damages as a result of such omission or failure.

K. Enclosure. No structure shall be built to house an existing unenclosed nonconforming use.

L. Repair and Maintenance. If a nonconforming structure is found, by the Township, to be in need of repair or replacement of nonbearing walls, fixtures, wiring and/or plumbing, this may be done without the need for a special exception. If the nonconforming structure is determined by the Township to he unsafe or unlawful, the owner of the structure shall be required to conduct the repair to bring the structure into a safe and lawful condition, as well as in conformity with the district in which it is located.

M. Penalty for Violation. Any person, partnership or corporation who or which shall violate any provision of this Chapter shall be subject to a civil penalty in the amount of $300 for each violation, plus court costs, including reasonable attorney fees, as authorized by law.

(Ord. 2-1976, 2/3/1976, §1600; as amended by Ord. 12-1982, 12/6/1982; and by Ord. 7-2005, 10/5/2005)

No lot shall be so reduced that the area of the lot or the dimension of the setbacks shall be smaller than herein prescribed, in this Chapter.

(Ord. 2-1976, 2/3/1976, §1601)

All driveways shall be so designed as to enable such turning motions by vehicles as will permit them to exit the premises in forward motion. Construction shall use materials that will not wash down onto roads or adjoining properties.

(Ord. 2-1976, 2/3/1976, §1602)

1. As a general requirement, each use in the Township shall provide sufficient off-street parking area to serve its users.

2. Subject to the general requirement for off-street parking, off-street parking space, with proper access from a street, alley or driveway, shall be provided in all districts in the amounts indicated below. Such parking space shall be provided on any lot on which a dwelling is hereafter erected or converted, or in the case of any other use, on or near the lot on which any main building is hereafter erected or converted.

A. Nothing in this Article shall be construed to prevent the collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking facilities provided collectively shall be not less than the sum of the requirements for the various individual uses computed separately. In no case shall the number of parking spaces provided, or the area devoted to parking, be less than the minimum requirements of this Article.

(1) Dwellings. Two spaces per dwelling unit.

(2) Indoor and Outdoor Non-commercial Recreation. One space for each 150 square feet of gross floor, building or ground area devoted to such use, or one space per four sets of facilities available for patron use, whichever is applicable to the facility.

(3) Restaurant. One space per three seating accommodations, plus one space per two employees on shift of greatest employment.

(4) Retail Stores and Personal Service Shops, All Types. One space per 200 square feet of floor area used or designated for sales on ground floor, plus one space per 300 square feet of floor area used or designed for sales on other floors, plus one space for each two employees of greatest shift.

(5) Office Building, Studio, Medical Clinic, or Bank. One space for each 200 square feet of net floor area for the first 50,000 square feet plus one space for each 300 square feet of net floor area over 50,000 square feet.

(6) Wholesale Establishment or Industrial Building. One space per two employees on the shift of greatest employment, plus one space per 200 square feet of floor area devoted to sales.

(7) Social, Fraternal, Social Service, Union and Civic Organization Buildings. One space per 100 square feet of assembly area.

(8) Institutional Uses Including Private Kindergarten, Child Nursing or Child Institutional Homes. One space per adult attendant, plus one space per 500 square feet of net floor area.

(9) Building or Use Other than Specified Above. At least one space for each 1,000 square feet of gross floor area, or lot area, whichever is larger, except when otherwise authorized as a special exception consistent with the standards set forth herein for comparable buildings or uses.

3. Where parking for a particular use is not specified in this Article, the use and occupancy permit, special exception order or variance order authorizing such use may specify the number of spaces deemed to be adequate to serve the use by the issuing authority, and may reserve the right to increase the required number of spaces if; in actual practice, they prove to be inadequate.

(Ord. 2-1976, 2/3/1976, §1603; as amended by Ord. 2-1983, 3/7/1983, §2)

No building shall be erected in any district for the uses listed below unless loading space for the accommodation of trucks is provided on the premises in accordance with the following regulations:

A. Each space shall not be less than 12 feet in width and 30 feet in length with adequate access from a street which does not block or interfere with the required parking as called for in §27-2104 hereof.

B. For retail stores, markets, wholesale and jobbing establishments, and storage warehouses, the number of berths based on net floor area devoted to such use is as follows:

(1) 2,000 to 8,000 square feet of net floor area - 1 berth.

(2) 8,000 to 20,000 square feet of net floor area - 2 berths.

(3) Each additional 20,000 square feet or major fraction thereof up to a maximum of 60,000 square feet of net floor area - 1 additional berth.

C. For office buildings, the number of berths based on net floor area devoted to such uses is as follows:

(1) 5,000 to 20,000 square feet of net floor area - 1 berth.

(2) Each additional 50,000 square feet or major fraction thereof up to a maximum of 120,000 square feet of net floor area - 1 additional berth.

D. All other uses with a total of 5,000 square feet or more of net floor area devoted to such use shall provide loading spaces adequate, in the opinion of the Building Inspector, to accommodate the normal demands for loading and unloading incidental to the type of use proposed on the premises.

(Ord. 2-1976, 2/3/1976, §1604)

In order to minimize traffic congestion and hazard, control street access in the interest of public safety, and encourage the appropriate development of street or highway frontage:

A. No parking lot or area for off-street parking or for the storage or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway at least 5 feet by a raised curb, barrier planting strip, wall or other effective barrier against traffic, except for necessary accessways to any one public street or highway for each 500 feet of frontage. Where practical, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. No such accessway shall be more than 35 feet in width.

B. All driveways, aisles, maneuvering spaces, vehicular service areas, or spaces between or about buildings, other than those relating to a dwelling, shall be adequately illuminated.

C. All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance in any Residential or Apartment District, and in every district all such lighting shall be arranged so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. Any light shall be equipped with some type of glare shielding device approved by the Township Engineer. The height of any light shall not exceed 25 feet.

D. No parking, loading or service area shall be located within front yard setbacks unless authorized as a special exception by the Zoning Hearing Board except in a Commercial District where the restriction against such use is clearly impractical. In no case, however, shall the distance between the street right-of-way line and the portion of a lot used for parking be less than 20 feet.

(Ord. 2-1976, 2/3/1976, §1605)

1. No use shall be permitted which is noxious or offensive in the immediately surrounding area by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion or otherwise, or which exceeds the limits set forth in §27-906 of this Chapter. In determining whether a proposed use is noxious, hazardous, or offensive, the following standards shall apply: The proposed operation shall not:

A. Constitute any nuisance whatsoever beyond the boundary of the site on which the use is located by reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor or dust.

B. Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line.

C. Endanger surrounding areas by reason of fire or explosion.

D. Produce objectionable heat, glare, or radiation beyond the property line.

E. Result in electrical disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located.

F. Discharge any untreated sewage, or industrial waste into any stream, or otherwise contribute to the pollution of surface or underground waters.

G. Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding- area.

H. Include storage of materials or products which decompose by detonation, except as specifically permitted by the Township under the requirements set forth in §27-906, Article 13 and Article 14 of this Chapter.

2. Where requested by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous or offensive as defined above. If required, the applicant shall submit supplemental information, plans and impartial expert judgments, and the Township may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.

(Ord. 2-1976, 2/3/1976, §1606)

The Zoning Hearing Board may authorize as a special exception the conversion of a dwelling in a Residential District from single-family to two-family or multiple-dwelling occupancy, subject to the following requirements:

A. The lot area per dwelling unit shall not be reduced below the required lot area applying to a single-family dwelling in the district in which the lot is located.

B. Each family unit shall have not less than 600 square feet of gross habitable floor area, not including stairs and corridors.

C. The additional dwelling unit must have additional sewage capacity added in accordance with State requirements.

D. Should the request for conversion arise out of a stated need to provide living accommodations for a relative or relatives of the property owner and the occupant of the dwelling, the Zoning Hearing Board may, at its sole discretion, waive the requirement of subsection .A hereunder, with the further provision that the converted dwelling unit shall not be leased or rented.

(Ord. 2-1976, 2/3/1976, §1607)