[Amended 3-5-1991 by Ord. No. 177]
A nonconforming structure that has been damaged
by fire, wind, storm, lightning or a similar cause may be rebuilt
if certain qualifications listed below are met; if the procedure listed
below is followed; and if the criteria listed below are conformed
to.
A. Qualifications.
(1)
The cause of destruction or damage is beyond
the owner's control at the time of destruction or damage.
(2)
Use may or may not be conforming.
(3)
Damage in terms of replacement cost is 60% or
less of the replacement cost of the entire structure before damage.
B. Procedure to be followed in order to apply for restoration
permission.
(1)
Plans for rebuilding shall be handled as provided
for in the case of new construction, but before granting a building
permit, permission to rebuild must be sought from the Board of Supervisors.
C. Criteria to be followed.
(1)
If use is nonconforming, the reconstructed building
cannot exceed the height, area and volume of the building destroyed.
If the use is conforming, the reconstructed building may be built
to any height, area or volume, provided that Township ordinances and
codes are observed.
[Amended 3-5-1991 by Ord. No. 177; 6-4-1991 by Ord. No.
181]
A. If a nonconforming lot or building is abandoned and
not used for a continuous period of one year or more, subsequent use
of such lot or building shall be in conformity with the then provisions
of this chapter governing the district in which the lot or building
is located.
B. Abandonment of regulations shall not apply to agricultural
uses.
C. All nonconforming junk storage areas, storage areas
and similar nonconforming use of open land, when discontinued for
a period of 90 days, shall not be continued, repaired or reconstructed.
D. Abandonment of billboards and signs is covered in Article
XXIII.
[Amended 3-5-1991 by Ord. No. 177]
No nonconforming use shall be extended to displace
a conforming use.
[Amended 3-5-1991 by Ord. No. 177]
Nothing contained in this chapter shall require
any change in plans, construction or designated use of a structure
for which a building permit was issued more than 30 days prior to
the adoption of this chapter or change in zoning district and the
construction of which is begun within three months after such adoption
of change and diligently carried on. The approved plans shall not
be altered in any way to increase the nonconformity.
[Amended 3-5-1991 by Ord. No. 177]
A nonconforming building altered or erected
or a nonconforming use created in violation of any previous provision
shall be regarded as continuing in such violation and shall not enjoy
the privilege of legal continuance conferred by this article upon
other nonconforming buildings and uses.
[Amended 3-5-1991 by Ord. No. 177]
A. On any nonconforming structure or portion of a structure
containing a nonconforming use, work may be done in any period of
12 consecutive months on ordinary repairs or on repair or replacement
of nonbearing walls, fixtures, wiring or plumbing to an extent not
exceeding 10% of the current replacement cost of the nonconforming
structure or nonconforming portion of the structure as the case may
be, provided that the cubic content existing when it became nonconforming
shall not be increased.
B. If a nonconforming structure or portion of a structure
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs and maintenance and is declared by any duly
authorized official to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations of the district in which
it is located.
C. Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
[Amended 3-5-1991 by Ord. No. 177]
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses or structures existing therein.