[Ord. No. 196-2018, 9/12/2018]
The regulations of this Part shall apply to existing lots, structures, uses and signs that do not conform to the regulations of the zoning district in which they are located and were either in existence prior to the effective date of this Chapter, or subsequent amendments, or are rendered nonconforming by the adoption of this Chapter. As such, they shall be known and regarded as nonconforming, and the following regulations, as applicable, shall apply to them; provided, however, that the burden of proof shall remain upon the landowner to prove that a lot, structure, use or sign is lawfully nonconforming under the procedure in §
27-1103.
[Ord. No. 196-2018, 9/12/2018]
Landowners may apply to register a nonconforming use or structure
with the Zoning Officer on forms provided by the Township with sufficient
evidence in the form of building permits, use and occupancy permits,
photographs, zoning orders, assessment records or sworn affidavits
to allow the Zoning Officer to make a determination. The Zoning Officer
may conduct such additional investigation as deemed necessary, and
shall issue a written determination whether the land, building or
structure is a legal nonconforming use within 45 days of the application.
Appeals of the Zoning Officer's determination shall be made to the
Zoning Hearing Board in accordance with Part 14.
[Ord. No. 196-2018, 9/12/2018]
A. Whenever a lawful nonconforming use of land or of a structure is
abandoned or discontinued or the use is removed for a period of 12
consecutive months, or the structure constituting or housing the nonconformity
is razed and not reconstructed within a period of 12 consecutive months,
such abandonment or discontinuance shall be presumed to constitute
an intention to abandon or discontinue such use, and subsequent use
of such land or structure shall conform to the regulations of the
zoning district in which it is located, unless the Zoning Hearing
Board, as a matter of law, determines that such abandonment has not
occurred.
B. These provisions shall not apply to a nonconforming structure that
is at least 50 years old at the time of application.
[Ord. No. 196-2018, 9/12/2018]
A. No special exception shall be granted under the provisions of this
Part with respect to any property where the requested special exception
will result in violations of other lot area, width, impervious coverage,
setback, height and yard regulations and design standards of the zoning
district in which the property is located, unless a variance is granted
by the Zoning Hearing Board from the regulation which is otherwise
applicable. The owner of a nonconforming use or other nonconformity
has no inherent right to expand, alter or use any nonconformity in
conflict with the applicable zoning district regulations.
B. In those zoning districts in which the district regulations establish
different design standards or lot area, width, impervious coverage,
setback, height or yard regulations for uses permitted as of right,
by special exception or by conditional use, no lot shall be construed
to be nonconforming for purposes of the regulations of this Part which
complies with the minimum lot area and other regulations applicable
to uses permitted as of right. The regulations applicable to uses
permitted by special exception or by conditional use shall not render
the lot nonconforming, unless the owner demonstrates that the lot
cannot reasonably be used for any use permitted as of right in such
zoning district, or the Zoning Hearing Board grants a variance from
the applicable regulations.
C. No provision of this Part which establishes a specific percentage
limitation upon the expansion of a nonconforming use shall be construed
to automatically authorize an expansion to the maximum permitted,
nor shall a variance related to any nonconformity be granted from
the applicable zoning district regulations in excess of the minimum
variance necessary to afford relief. It shall be incumbent upon the
applicant to prove the need for such expansion consistent with established
principles of law.