The following regulations shall apply to existing
uses, structures, buildings, and lots which do not conform to the
provisions of this chapter and of any subsequent amendment hereto.
Except as provided in this article, any use
existing at the time of passage or amendment to this chapter may be
continued, provided the following are upheld:
A.
Continuations. Any lawful nonconforming use of a structure
or of land legally existing on the effective date of this chapter
may be continued, except as otherwise herein provided.
B.
Expansion of use. When approved by the Zoning Hearing Board as a special exception in accordance with §§ 200-141 and 200-163 of this chapter, any lawful nonconforming use of land or a structure may be expanded by no more than 35% of its size, volume, area and/or extent as existed at the time the use became nonconforming. Such expansion of a nonconforming use shall be limited to the lot which was in existence at the time when the use became nonconforming. Only one such expansion shall be permitted per lot.
[Amended 8-13-2001 by Ord. No. 142]
C.
Change in use. Any lawful nonconforming use of a building or of land may be changed to any use permitted by right in the district in which the nonconforming use is located, or to another use of similar character through the granting of a conditional use by the Board of Supervisors of New Garden Township pursuant to the provisions set forth in § 200-152.
[Amended 8-13-2001 by Ord. No. 142]
Except as provided in this article, any lawful
nonconforming building or structure shall comply with the following:
A.
Continuation. Any lawful nonconforming building or
structure may continue to exist and be used, provided that such building
or structure shall not further deviate from the provisions of this
chapter.
B.
Restoration. The restoration of a damaged lawful nonconforming
building or structure shall be permitted in accordance with the following
regulations:
(1)
A lawful nonconforming building or structure which
has been destroyed by fire or some other calamity to an extent of
not more than 75% of its fair market value, may be restored in the
same location, provided:
(a)
The restored building or structure shall not
exceed the prior nonconformities as to height, area, location and/or
bulk of the damaged or destroyed building or structure.
(b)
Restoration shall begin within one year from
the date of damage or destruction and shall be carried on without
interruption to completion. Sufficient evidence of hardship beyond
the control of the applicant or landowner, as determined by the Board,
in its sole discretion, is necessary to request an extension of such
time.
(2)
A lawful nonconforming building or structure which
has been destroyed by fire or some other calamity to an extent of
75% or more of its fair market value, may be restored provided the
rebuilt structure complies with all area, bulk and design standards
of the zoning district in which the building or structure is located.
C.
Extensions and expansions. When approved by the Zoning Hearing Board as a special exception in accordance with §§ 200-141 and 200-163 of this chapter, any lawful nonconforming building or structure may be extended or expanded by no more than 35% of the total floor area of said building or structure which existed at the time the building or structure became nonconforming. In granting a special exception, the Zoning Hearing Board shall consider the following, in addition to the factors set forth in §§ 200-141 and 200-163 of this chapter:
(1)
It is clear that such extension is not materially
detrimental to the character of the surrounding area or the interest
of the Township.
(2)
No more than one extension to a nonconforming building
or structure shall be granted.
(3)
Such extension conforms to the applicable height,
area and bulk regulations of the zoning district where such building
or structure is located.
[Amended 8-13-2001 by Ord. No. 142]
The following regulations shall apply to proposed
structures or buildings upon lawful nonconforming lots:
A.
A lot which does not meet the required minimum area
or dimensional requirements, or is of such unusual dimensions to prevent
required applicable area and bulk standards from being met, may be
used or have a building erected or altered upon it providing that
all applicable provisions of this chapter are met.
B.
In the event a lot has unusual dimensions, or other factors which prevent applicable area and bulk standards from being met, and/or where alterations or enlargements would cause further deviation from applicable zoning district requirements, a variance shall be required from the Zoning Hearing Board. In addition to variance criteria set forth in § 200-162, the applicant shall also comply with the standards set forth in § 200-141.
C.
In the event an applicant owns adjacent property sufficient
to enable him to comply with the provisions of this chapter or lessen
the nonconformity of the lot, such property or portions thereof shall
be combined with the nonconforming lot prior to the erection or alteration
of a building or structure, and to permit compliance with applicable
area and bulk requirements.
[Amended 8-13-2001 by Ord. No. 142]
If a lawful nonconforming use of land or of
a building or structure is abandoned, discontinued or left vacant
for a continuous period of one year or more, subsequent use of such
building or structure or land shall be in strict conformity with the
provisions of this chapter.
[Amended 8-13-2001 by Ord. No. 142]
In considering a special exception to permit a nonconforming use, building or structure to occur, or to permit a use, building or structure to occur on a nonconforming lot, the Zoning Hearing Board shall consider the following criteria, in addition to the variance criteria set forth in § 200-163:
The Township Zoning Officer shall identify and
register all nonconforming uses and nonconforming buildings and structures
in existence at the effective date of this chapter. Uses, buildings
and structures included in the register shall be considered the only
lawful nonconforming uses, buildings and structures in existence at
the time of adoption. The Zoning Officer shall compile the register
within one year from the effective date of this chapter.
[Added 8-13-2001 by Ord. No. 142]
Any legally existing sign that does not conform to the provisions of Article XVI of this chapter shall be considered a lawful nonconforming sign. All lawful nonconforming signs may be repainted, repaired or modernized, provided such improvements do not increase the dimensions, nor increase the nonconformity of the existing nonconforming sign. Nonconforming signs shall not be lighted, other than as existed prior to the time when such signs became nonconforming.
[Added 8-13-2001 by Ord. No. 142]
No nonconforming use shall be extended to displace
conforming uses.
