§ 27-706. Nonconforming Uses of Structures or Buildings., Part 7. NONCONFORMITIES, Chapter 27. Zoning, Municipal Code, Code of Ordinances, Phoenixville

Lawful nonconforming uses of structures or buildings, and land in combination, which exist at the effective date of this chapter that would not be allowed in the district under the terms of this chapter, may be continued so long as they remain otherwise lawful, subject to the provisions contained within this article of this chapter.

An existing structure devoted to a use not permitted by this chapter within the zoning district where it is located may be enlarged, extended, constructed, reconstructed or structurally altered up to but not more than 25% of its gross floor and/or use area as it existed at the time of the passage of this chapter or subsequent amendment, provided that the lot or lots upon which the nonconforming structure is situated were held under single ownership or long-term lease (10 years or more) and purchased or leased prior to the enactment of this chapter.

Any enlargement, extension, construction, reconstruction or structural alteration must conform to all other regulations of the zoning district in which it is located.

Any nonconforming use may be extended throughout the building which was in use for the nonconforming use at the time of adoption of this chapter, but no such use shall be extended to occupy any land outside such building unless provided for under this article of this chapter.

A nonconforming use of land may be changed to another nonconforming use, provided that the proposed use is equally appropriate or more appropriate to the zoning district than the existing nonconforming use. Such determination shall be made by a special exception granted by the Zoning Hearing Board, which shall take into consideration the following issues: the intent of the provisions for the zoning district; the ability to change the use to a conforming use; traffic generation and congestion; noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration or other nuisances; external storage; solid waste disposal; sewer and water facilities; and the general impact of the use compared to the uses within 500 feet of the property lines.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

Where a building or structure occupying a nonconforming use is damaged or destroyed, the nonconforming use shall be permitted to continue, provided that reconstruction and/or repair shall be completed within one year from the date of damage or destruction. If such action is not taken and the nonconforming use is not reestablished within one year from the date of damage or destruction, the status of the nonconforming use shall be eliminated at that point in time.