A.
The definitions of "nonconforming lot," "nonconforming
use" and "nonconforming structure" shall be as set forth in § 150-4.
[Amended 7-8-1997 by Ord. No. 246]
B.
Use provisions. Any nonconforming use of land or structure
or combination thereof may be continued, subject to the following:
[Amended 7-10-2007 by Ord. No. 308]
A.
Procedures. Any nonconforming structure (except single-family
detached and single-family semidetached dwellings) or building, but not including
signs, may be expanded one time up to 50% of its size as it existed prior
to enactment of this chapter without applying to the Zoning Hearing Board,
provided that a building permit has been applied for and issued showing that
no new encroachments on the zoning requirements are created by said expansion.
Any additional expansions after the first time or any expansion greater than
50% must be approved by the Zoning Hearing Board.
B.
Single-family detached and single-family semidetached dwellings
that are either a nonconforming use or structure may be enlarged, extended,
reconstructed, substituted or structurally altered, provided that said activity
does not extend or expand the degree of nonconformity. This shall not apply
to any dwelling that has a use other than residential dwelling purposes only
(i.e., in-home occupations.) These uses shall follow the procedures set forth
in Subsection A or C of this section. Any nonconforming use or structure which
is destroyed by fire, casualty or act of God may be repaired, rebuilt and
used as before, provided that no increase in the degree of nonconformity is
thereby created. All repairs shall be commenced within one year after the
damage occurs and shall be completed within two years after such date, or
such use shall not be rebuilt except as a conforming use or structure.
C.
Standards. Each application for an expansion or change
of a nonconforming use, building or structure not covered under Subsection
A or B shall be subject to the following standards:
(1)
It shall be the responsibility of the applicant to sufficiently
document to the Zoning Hearing Board that the proposed expansion or change
will not be contrary to the purposes of this chapter and the public health,
safety and welfare of Township residents in general and of the residents of
the immediate area in particular.
(2)
Such expansion or change shall not extend beyond the
lot lines existing on the date the chapter or its subsequent amendments were
adopted.
(3)
Such expansion or change shall comply with the applicable
yard and setback requirements of the district where located.
(4)
Any person seeking permission to change a nonconforming
use to any other nonconforming use shall sufficiently document to the Zoning
Hearing Board that such new nonconforming use is more in compliance with the
applicable provisions of this chapter than the present nonconforming use.
(5)
The Zoning Hearing Board may attach additional provisions
to the granting of a special exception permit to expand or change a nonconforming
use for the purpose of promoting the objectives and intent of this chapter.
Any person desiring to temporarily discontinue a nonconforming use may
do so and may resume the same within one year after such discontinuance, provided
that such person has notified the Township in writing of his or her intention
to do so within 30 days after the use is discontinued. A discontinued use
will not be deemed to be resumed unless such use is operated on a regular
basis for six months after such resumption begins.
Notwithstanding any of the above regulations, nothing in this chapter
shall be deemed to prevent normal maintenance and repair of any nonconforming
use or structure.
[Amended 7-8-1997 by Ord. No. 246]
All lawful uses existing at the effective date of this chapter which
do not conform to the requirements set forth in this chapter, or any other
amendments thereto, shall be identified and registered by the Zoning Officer.
Property acquired for the purpose of extracting sand, gravel, slate
or other minerals therefrom and held for such purpose on the effective date
of this chapter shall be considered in use for such extraction whether or
not such extraction has actually commenced, and extraction, including erection
of any necessary buildings or structures incidental to the extraction or processing
of the deposits, will be allowed to commence and continue. In order for property
to qualify hereunder, the following conditions must be documented by the landowner
as evidence that the property was acquired and held for the purpose of later
mineral extraction:
A.
The land was acquired prior to the effective date of
this chapter.
B.
The land was acquired and is owned by an individual,
corporation or otherwise engaged at the time of acquisition in the business
of mineral extraction.
C.
The property has not been permanently developed, in whole
or in part, for any purpose other than mineral extraction or processing.
D.
The land contains mineral deposits of a demonstrable
economic value.
