Any land, the existing lawful use of which at
the time of adoption of this chapter does not conform to the regulations
of the district in which it is located, may continue in such use but
shall be subject to the regulations covering nonconforming uses.
Any lawful building or the lawful use of any
building existing at the time of adoption of this chapter that does
not conform to the use, height, location, size or bulk regulations
of the district in which it is located shall be considered a nonconforming
building or use and may continue such use in its present location
but shall be considered a nonconforming building or use.
A nonconforming building or use shall be considered
as such unless and until it complies with the regulations of the district
in which it is located. Such use shall not be changed to a use designated
for a district having less restricted regulations.
The Zoning Hearing Board shall have discretion
to determine what resumption or change of nonconforming use is of
the same class of use and permissible.
[Added 9-4-1984 by Ord. No. 4-79]
A nonconforming use of a building or structure
or a nonconforming use of a lot, tract or piece of ground, which use
was lawful at the time it became nonconforming, may be expanded so
long as that expansion shall not exceed either 25% of the gross square
footage of floor area of the principal building or structure, exclusive
of accessory buildings or accessory structures, in which said nonconforming
use is situate or 25% of the gross square footage of the lot coverage
area of the original nonconforming use; provided, however, that such
expansion shall comply with all other applicable provisions of this
chapter and shall not otherwise be detrimental to the health, safety,
morals or general welfare of the community where situated.
A.
No vertical expansion of a nonconforming use shall
be permitted which shall exceed the height limitations of the existing
nonconforming use in which the nonconforming use is located or will
exceed the height limitations of all other buildings or structures
in the zoning district in which the nonconforming use is located.
Further, no vertical expansion of any nonconforming use shall be permitted
that increases the bulk, volume or square footage of the nonconforming
use in excess of 25% of the nonconforming use as of the date the use
first became nonconforming.
[Added 8-3-2004 by Ord. No. 4-201; amended 4-19-2005 by Ord. No. 4-208]
B.
No expansion of any nonconforming use above the first
floor level thereof shall exceed the yard setbacks in the zoning district
in which the nonconforming use is located.
[Added 8-3-2004 by Ord. No. 4-201; amended 4-19-2005 by Ord. No. 4-208]
A nonconforming use, when discontinued, may
be resumed any time within one year from such discontinuance, but
not after, as the same class of use, but cannot be resumed as a nonconforming
use of a lower class.
A building containing a nonconforming use and
a building nonconforming as to area and height, destroyed by fire
or legally condemned, may be reconstructed and used for the same nonconforming
use, provided that building reconstruction is commenced within one
year and carried on to completion without interruption, and provided
that the building, when rebuilt, does not exceed in height and area
the building so destroyed or condemned, subject also to other regulations
of nonconforming uses herein contained.
[Added 3-19-1973 by Ord. No. 4-38]
The Zoning Officer of the Township is required
to identify and register all nonconforming uses.
