It is the intent of this article to provide for the continuance
of existing uses which, as of the effective date of this chapter,
do not meet the use standards established herein.
A nonconforming use shall be adjudged as abandoned when there
occurs a cessation of any such use or activity by an apparent act
or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Vacation of land or structures or the nonoperative
status of the use normally carried on shall be evidence of discontinuance.
No abandoned use or structure may be reestablished. The Board of Supervisors
may require the removal of any abandoned nonconforming use upon proper
notice to the owner of the property on which an abandoned nonconforming
use or structure exists. If the owner has not completely removed the
abandoned use within a reasonable amount of time, not to exceed nine
months, the Board of Supervisors shall have the authority to itself
cause the removal to be accomplished, the costs of such removal to
be paid by the property owner.
A. Discontinuance. Certain uses which are deemed to be a hazard to the
health, safety or welfare of the citizens of the Township may be required
by the Board of Supervisors to be discontinued within a reasonable
period of time.
All junk areas, storage areas and other nonconforming uses of
open land, when discontinued or abandoned for a period of 90 days,
shall not be continued or reestablished.
Except as otherwise provided in this article, any use or structure
existing at the time of enactment of this chapter may be continued
although it is not in conformity with the regulations specified by
this chapter.
No nonconforming use may be changed to any other nonconforming
use unless the Zoning Hearing Board shall, in granting the change
as a special exception, find that the proposed nonconforming use is
not more detrimental to the zone than the existing nonconforming use.
The Zoning Hearing Board may specify such appropriate conditions and
safeguards as may be required in connection with such change and the
granting of such special exception.
Any lot represented on the effective date of this chapter by
an existing deed, which does not meet the minimum area and lot size
requirements of the zoning district in which it is located, shall
be regarded as nonconforming and may be used for any use permitted
in that zone. However, all yard, height and open space requirements
for that zone shall be met unless a variance is granted by the Zoning
Hearing Board.
No lot, even though it may consist of one or more adjacent lots
of record, shall be reduced in area so that yards, lot area per dwelling
unit, lot width or other requirements of this chapter are not maintained.
This shall not apply when a portion of a lot is acquired for a public
purpose.
Whenever the boundaries of a zoning district shall be changed
so as to transfer an area from one zoning district to another zoning
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses or structures existing therein
or created thereby.