A.
Within the districts established by this chapter or
amendments that may later be adopted there exist lots, structures,
uses of land and structures, and characteristics of use 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.
B.
The regulations governing existing nonconforming uses
are set forth in this article and are intended to provide a gradual
remedy for the incompatibilities resulting from such nonconforming
uses. While such uses are generally permitted to continue, these regulations
are designed to restrict further investment in such uses, thereby
keeping them from becoming more permanent establishments in inappropriate
locations.
C.
These regulations are thus designed to preserve the
character of the districts established in this Zoning Code in the
light of their peculiar suitability to particular uses, and thus to
promote and protect health, safety and general welfare.
A.
Any lawful nonconforming condition or use of a building or lot existing at the effective date of this chapter (i.e., December 7, 1982) or any subsequent amendment hereto or authorized by a building permit issued prior to the adoption of this chapter (i.e., December 7, 1982), may be continued, although such condition or use does not conform to the provisions of this chapter, if all other requirements governing the condition or use are complied with, and subject to the provisions of § 210-230 of the Zoning Ordinance.
[Amended 6-4-1991 by Ord. No. 181]
B.
Any lawful nonconforming condition or use of a building
or lot existing at the effective date of this chapter or any subsequent
amendment hereto or authorized by a building permit issued prior to
the adoption of this chapter may be continued, although such condition
of use does not conform to the provisions of this chapter, if all
other requirements governing the condition or use are complied with.
A.
Nonconforming uses. A nonconforming use of a building
or lot may be extended or enlarged either within an existing building
or by an addition to it on the same lot, provided that:
(1)
Such extension shall be permitted only by special
exception.
(2)
The extension conforms to all district regulations
for buildings and lots.
(3)
The part of the building into which the use
is to be extended has been manifestly arranged or designed for such
use at the time such use became nonconforming.
(4)
The part of the lot into which the use is to
be extended was reasonably held for future inclusion in such use at
the time such use became nonconforming.
B.
Nonconforming lots.
(1)
A building may be erected or extended on any
lot or contiguous lots held at the effective date of this chapter
or any amendment thereto in single and separate ownership, which lot
is not of the required minimum area or width or is of such unusual
dimensions that the owner would have difficulty in providing the required
open spaces for the district in which such lot is situated, provided
that the building shall comply with the front, side and rear yard
requirements of the district in which such lot is situated, unless
otherwise authorized as a special exception by the Zoning Hearing
Board, and in any case where Zoning Hearing Board review is required,
the building shall comply with the yard requirements of the district
to the maximum extent practicable.
(2)
When two or more nonconforming lots with contiguous
frontage are in single ownership, the Zoning Officer shall consider
them a single piece of land, and use of it, or any portion of it,
shall be in accordance with the Zoning Ordinance then in existence.
C.
Nonconforming buildings.
(1)
If use is conforming:
(a)
Nonconforming structures may be altered, reconstructed
or enlarged, provided that such alteration, reconstruction or enlargement
does not increase the extent of the nonconformity existing on the
effective date of this chapter.
(b)
If a nonconforming structure is moved wholly
or partially within or off of the lot, the part moved must conform
to the regulations of the district where it is moved.
(2)
If use is nonconforming:
(a)
The extension or alteration in the structure must meet the requirement for the extension or alteration of a nonconforming use, as given in Subsection A(1), (2), (3) and (4).
[Amended 3-5-1991 by Ord. No. 177[1]]
[1]
Editor's Note: Original Section 6203.C.2.b,
which immediately followed this subsection, was repealed 1-5-1998
by Ord. No. 221.
[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.
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.
[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.
