The districts established by this chapter are designed to guide
future use of land in the Township by encouraging development in appropriate
groupings of compatible and related uses, to the end of promoting
the purposes of this chapter.
A. Within the districts there exist lots, uses of land, and structures
which were lawful before this chapter was passed or amended, but which
would be prohibited, regulated, or restricted under the terms of this
chapter or future amendment. It is the intent of this chapter to permit
these nonconformities to continue until they are removed.
B. To achieve this end, lawfully existing nonconforming lots, uses of
land, and structures must be subject to certain limitations. The regulations
set forth below are intended to provide a gradual remedy for the undesirable
conditions resulting from indiscriminate mixing of uses, and to afford
a means whereby nonconformities can be gradually eliminated and reestablished
in more suitable locations within the Township.
C. To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been carried on diligently.
"Actual construction" is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner. Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
In any district in which single-family dwellings are permitted,
a single-family dwelling and customary accessory buildings may be
erected on any single lot of record at the effective date of adoption
or amendment of this chapter, notwithstanding limitations imposed
by other provisions of this chapter.
A. This provision shall apply even though such lot fails to meet the
requirements for area or width, or both, that are generally applicable
in the district, provided that yard dimensions and requirements other
than these applying to area or width, or both, of the lot shall conform
to the regulations for the district in which such lot is located.
Variance of yard requirements shall be obtained only through action
of the Zoning Hearing Board.
B. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be registered with the Zoning Officer. Such lots shall be permitted to be developed subject to the regulations as stated in Subsection
A for a period of five years from the effective date of the amendment of this chapter. Thereafter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
C. Lots which fail to meet minimum area requirements may be expanded
to include adjacent lots with continuous frontage in single ownership.
Where a lawful use or structure exists which, on the effective
date of this chapter or subsequent amendment thereto, becomes nonconforming,
such use or structure may be continued as long as it remains otherwise
lawful, including subsequent sales of the property, subject to the
following provisions:
A. The existing nonconforming use shall not be changed to a new or different
nonconforming use.
B. No such nonconforming structure shall be enlarged or increased without
application to, and approval of, the Zoning Hearing Board based on
the following limitations:
(1) To provide for a natural expansion which is not detrimental to public
health, safety, and general welfare.
(2) Provided such expansion of a structure does not exceed 25% of the
existing ground area of the structure.
(3) Provided such does not constitute the addition of a new nonconforming
use.
(4) Provided such does not significantly decrease existing setbacks when
such are already nonconforming.
(5) Provided that, in addition to the requirements above, the enlargement
or increase meets the standards for uses and structures as if same
were being enlarged or increased in the district or districts where
such use is permitted under this chapter.
C. In the event that any nonconforming structure is destroyed or partially
destroyed by any means, the structure may be rebuilt, provided that
the new or reconstructed structure does not significantly decrease
previously existing setbacks if such were already nonconforming, and
provided that a building permit be applied for within one year of
the date damage was incurred. If the owner shall fail to obtain a
building permit within the required time period, such nonconforming
use shall terminate and the lot shall thereafter be used only for
conforming uses and structures.
D. When a nonconforming use or structure is discontinued or abandoned
for a period of one year or more, the structure and/or premises shall
not thereafter be used except in conformity with the regulations of
the district in which it is located.
In order to administer this chapter, the Zoning Officer shall
identify and register all nonconforming lots, uses, and structures
and shall receive application for registration of all nonconforming
lots, uses and structures from the owner of record of such nonconformities.
The Zoning Officer will issue a certificate of nonconformity for such
use, structure, or lot after investigation of all supporting information
submitted to prove such nonconformity does exist.