[1]
Editor's Note: The name of this article was
amended.
All buildings, structures, uses of land, uses
of buildings, lots and signs which do not conform to all of the applicable
regulations of the district in which they are located or other applicable
requirements of this chapter shall be considered as nonconforming,
provided that:
Nonconforming status shall be classified as
follows:
A.
Nonconforming use: the existing lawful use of land
and/or buildings and/or structures upon the land which does not conform
to any of the permitted uses of the district in which it is located.
B.
Nonconforming building or structure: any existing
lawful building or structure that does not conform to the height,
location, size, bulk or other dimensional requirements of the district
in which it is located. This does not include signs.
C.
Nonconforming lot: any existing lawful lot which does
not conform to the area and/or width requirements for lots in the
district in which it is located.
D.
Temporary nonconforming use: A temporary nonconforming
use which will benefit the public health or welfare or promote proper
development of a district in conformity with the intent of this chapter
may be permitted for a period of not more than 90 days on the approval
of an application for a special exception by the Zoning Hearing Board.
The following regulations shall govern all properties
to which nonconforming status is applied:
A.
Nonconforming status shall continue, and a property
may continue to be used as nonconforming until it complies with the
requirements of this chapter.
B.
Change of use. A nonconforming use may only be changed
to a different nonconforming use if approved as a special exception.
A special exception for a change from one nonconforming use to another
shall be based upon the applicant proving that the new use will not
be more intense than the previous use, and the measure of intensity
shall take into consideration the following:
[Amended 6-2-1998 by Ord. No. 196; 12-20-2011 by Ord. No. 327]
(1)
Traffic
volume, ingress and egress and internal circulation movements;
(2)
Noise
and the use of hazardous substances;
(3)
There
shall be no additional outdoor storage;
(4)
The
new nonconforming use must be compatible with the character of the
surrounding area;
(5)
The
appearance from the street must remain identical to the previous nonconforming
use;
(6)
There
shall be no additions to an existing structure;
(7)
The
weekday PM peak traffic trips generated shall be the same or less
than the previous use. The trips shall be measured by the latest version
of the Institute of Transportation Trip Generation Manual;
(8)
The
previous nonconforming use must be either a commercial or industrial
use and the change in nonconforming use must be commercial if the
previous use was commercial or industrial if the previous use was
industrial, but in either event, a residential nonconforming use shall
not be eligible for a special exception. A special exception cannot
be granted if a commercial use is being converted to industrial or
vice versa. If a nonconforming use is changed to a conforming use,
then the previous nonconforming status shall become null and void.
C.
Discontinuance. A nonconforming use, when discontinued,
may be resumed any time within one year from such discontinuance,
but not thereafter. The resumption may be of the same class or use,
but shall not be of a lower (less restrictive) classification.
D.
Extension or expansion. A nonconforming use, building
or structure, not including signs, may be extended or expanded in
compliance with the following:
(1)
The parcel on which extension or expansion occurs
shall include only that lot, held in single and separate ownership,
on which the use, building or structure existed at the time it became
nonconforming. Expansion onto adjoining lots is prohibited.
(3)
A building which houses a nonconforming use may be
expanded only to the extent that new construction complies with the
dimensional and lot coverage standards of the district in which the
building is located.
[Amended 6-2-1998 by Ord. No. 196; 12-20-2011 by Ord. No.
327]
(a)
A nonconforming use shall not be expanded throughout
a building by a total cumulative amount greater than 25% beyond the
size of the nonconforming use when it first became nonconforming.
A nonconforming use shall not be expanded on the land comprising the
nonconforming use by a total cumulative amount greater than 25% of
the land mass that encompassed the nonconforming use at the time the
nonconforming use first became nonconforming. This expansion for either
a nonconforming use within a building or a nonconforming use on land
cannot be expanded again after it has reached 25% of the square footage
of the nonconforming use within the building or 25% of the square
footage of the land mass comprising the original nonconforming use.
(4)
Any expansion of a nonconforming use shall comply
with the dimensional and lot coverage requirements of the applicable
district.
[Amended 6-2-1998 by Ord. No. 196]
(5)
In cases where a building is nonconforming as to front,
side or rear yard setback, an addition may be built on a line with
the existing building, as long as it does not create an additional
encroachment into a required yard. Any increase in the degree of nonconformity
with regard to required setbacks will require a variance.
[Amended 6-2-1998 by Ord. No. 196; 7-19-2005 by Ord. No.
253; 12-20-2011 by Ord. No. 327]
E.
Use of nonconforming buildings. A nonconforming building may be used for any use permitted in the district in which such building is located. Any expansion of such a building shall comply with the provisions of Subsection D above. The following regulations apply to buildings:
(1)
Buildings under construction to the extent of completion
of footings may be completed as nonconforming buildings, provided
that valid building permits have been issued for those buildings.
(2)
Buildings not yet under construction shall be built
in conformance with this chapter.
(4)
Nonconforming primary structures damaged or destroyed
by fire, explosion, accident or calamity (as contrasted to deterioration
due to time or neglect) may be reconstructed and used as before, provided
that:
(a)
The reconstructed building shall not exceed
the dimensions of the damaged or destroyed building, including height,
width, depth and volume.
(b)
Building reconstruction shall be started within
one year from the date the building was damaged or destroyed and shall
be carried out without interruption.
(c)
The building will pose no hazards to safety
by virtue of its location.
(5)
Legally condemned nonconforming buildings shall not
be rebuilt or used except in conformance with this chapter.
F.
Development of nonconforming lots. An undeveloped
nonconforming lot may be used for a single-family detached dwelling
or another single use that is permitted in the district in which such
lot is located, in compliance with all the dimensional and lot coverage
standards of such district. Any development not in compliance with
such standards shall require a variance from the Zoning Hearing Board.
G.
Contiguous undeveloped lots. Where two or more contiguous
undeveloped lots are held in single ownership within a subdivision
which has been duly recorded prior to the effective date of this chapter,
which lots are individually not of the required minimum area or width
for the district in which they are situated, such lots shall be developed
in groups thereof in order to provide the minimum lot area and frontage
required for each structure and shall not be considered nonconforming
as to area or width.
A.
Registration. The Board of Supervisors may require
the Zoning Officer to prepare a list and map of properties of nonconforming
status, including uses, buildings, structures, lots and signs. For
each property identified, the Zoning Officer shall have on file a
written record documenting the evidence and reasoning that led to
the assignment of nonconforming status.
B.
Jurisdiction. In all matters pertaining to nonconforming
status, the Zoning Officer shall make the initial determination.
(1)
The Zoning Officer may seek the advice of the Township
Planning Commission, Township Solicitor and/or others in making a
determination.
(2)
If it cannot be determined by means of positive documentation
that a use or structure was in lawful existence at the time an ordinance
or amendment would have rendered it nonconforming, the Zoning Officer
must refuse to confer nonconforming status.
(3)
If the applicant disagrees with the Zoning Officer's
determination, the applicant may appeal to the Zoning Hearing Board
as provided by law.
