Township of Middle Smithfield - Procedures | Expansion of a nonconforming use

Expansion of a nonconforming use

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§ 042-050: Expansion of a nonconforming use.

A lawful preexisting nonconforming use may be expanded (or subject to a series of expansions) by special exception approval, so long as the total percentage increase of the nonconforming condition that existed at the time of enactment of the ordinance that created the nonconforming condition is not increased by an aggregate amount greater than 100% of the nonconformity. The extent of the nonconforming use expansion shall be regulated based upon both total building floor area and total impervious coverage for the nonconforming use. This provision shall not allow an increase in a nonconforming height or an increase of the nonconformity of a sign or the number of nonconforming dwelling units.

Variance from percentage limitation. A property owner may seek a variance from the percentage limitation in § 042-050.A. so long as the property owner can satisfy the following four factors:

(1)

That an unnecessary hardship exists which is not created by the party seeking the variance and which is caused by unique physical circumstances of the property for which the variance is sought;

(2)

That a variance is needed to enable the party's reasonable use of the property;

(3)

That the variance will not alter the essential character of the district or neighborhood, or substantially or permanently impair the use or development of the adjacent property such that it is detrimental to the public's welfare; and

(4)

That the variance will afford the least intrusive solution.

Township of Middle Smithfield, PA

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