All lawful or previously nonconforming buildings, structures and uses of land or of a building, sign or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, changed, sold or maintained, even though such building, structure or use may not conform to the use, height, area, yard and other regulations of the district in which it is located, provided that such nonconforming conditions shall comply with the following sections of Article XXI.
The owner of the premises occupied by a lawful nonconforming
use, structure or building existing at the effective date of this
chapter may secure a certificate of nonconformance, which shall be
for the purpose of ensuring to the owner the right to continue a nonconforming
structure, building or use.
Repairs and structural alterations may be made to a nonconforming
building or structure or a building or structure occupied by a nonconforming
use, provided that such alterations and repairs are in conformance
with the regulations as set forth in this chapter and other applicable
codes and ordinances adopted by the Township.
A.
The types of extensions and enlargements listed below are permitted
for nonconforming uses and buildings or structures existing on the
effective date of this chapter:
(1)
The extension of a nonconforming use of land upon a lot occupied
by such use.
(2)
The extension or enlargement of a conforming building or structure
occupied by a nonconforming use.
(3)
The extension or enlargement of a nonconforming building or
structure occupied by a nonconforming use.
(4)
The extension or enlargement of a nonconforming building or
structure occupied by a conforming use.
B.
The foregoing extensions or enlargements of such nonconforming buildings,
structures or uses shall be subject to the following conditions:
(1)
The extension or enlargement shall conform to the height, area,
yard and impervious coverage regulations of the district in which
it is located. Where a building, structure or use is nonconforming
as to a required side yard or rear yard setback, the established nonconforming
setback may be continued, so long as the proposed extension or enlargement
does not project further into any yard, whether a front, side or rear
yard, than the original setback line extended. Extension or enlargement
of the nonconforming use, building or structure shall not exceed 50%
of the floor area or use existing on the effective date of this chapter
or the date of an amendment thereto thereby creating the nonconformity.
(2)
The entire building, structure or use shall be provided with off-street parking and loading spaces as required by Article XXIV herein.
(3)
The extension or enlargement does not replace a conforming use.
(4)
The extension or enlargement of a building, structure or use
used for a nonconforming use shall not be permitted to extend into
vacant parcels of land adjacent to the initial parcel of land existing
and occupied on the effective date of this chapter, where such vacant
parcels have been recorded separately or acquired following the effective
date of this chapter.
(5)
Any lawful nonconforming use of a building, structure or land
may be changed to another nonconforming use of substantially the same
character upon approval by special exception by the Zoning Hearing
Board. The applicant shall satisfactorily prove to the Zoning Hearing
Board that the proposed change in nonconforming use will not increase
the need for off-street parking or produce any noise, glare, heat,
dust, traffic vibration or illumination in excess of the existing
nonconforming use.
A.
A nonconforming building, structure or use which is damaged by fire,
explosion, windstorm or other natural or criminal acts may be reconstructed
and used for the same purposes, provided that:
(1)
The reconstruction and/or restoration of the building or structure
is commenced within one year from the date of occurrence of the damage
and is carried to completion without undue delay; and
(2)
The reconstructed building, structure or occupied area does
not exceed the height, area and volume of the original structure and
occupied use.
B.
In the event that any nonconforming building, structure and/or use
is destroyed or partially destroyed and the owner of such has determined
reconstruction/restoration unfeasible, the owner will be responsible
for the complete removal of the structure and debris, as well as the
filling of any excavated areas.
If a nonconforming use ceases operations for a continuous period
of more than 12 months, and intent to abandon has been demonstrated
by the Township, then such use and any subsequent use, structure or
building shall conform to the regulations of this chapter.
A.
Any lot held in single and separate ownership at the effective date
of this chapter which does not conform to one or more of the applicable
area regulations in the district in which it is located shall be considered
nonconforming. A building may be erected upon any vacant nonconforming
lot, provided that a special exception is authorized by the Zoning
Hearing Board, and further provided that the applicant does not own
or control other adjoining property sufficient to comply with the
provisions of this chapter. Such development shall comply with the
following provisions:
B.
On a lot in a residential district held in single and separate ownership
from adjacent land at the effective date of this chapter, with a lot
width less than that required for the zoning district, only one dwelling
unit may be erected, and side yards shall be provided in accordance
with the following requirements:
(1)
On lots less than 50 feet but not less than 27 feet in width,
two side yards shall be provided, each equaling 20% of the lot width.
(2)
On lots less than 27 feet but not less than 20 feet in width,
one side yard of no less than five feet in width shall be provided.
One side wall of the building shall be constructed abutting the lot
line without openings but shall not be constructed as a party wall.
(3)
On lots less than 20 feet in width, a building may be constructed
the full width of the lot. Side walls abutting the lot lines shall
have no openings and shall not be constructed as party walls. For
such dwellings constructed to a depth of more than two rooms, a court
not less than six feet in width shall be provided abutting the side
wall for all rooms beyond the second room.
(4)
On a lot, in any nonresidential district, held in single and separate ownership from adjacent land at the effective date of this chapter, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as listed under Subsection B(2) above for residential structures.
Signs in existence at the effective date of this chapter or amendments thereto may be continued subject to the regulations contained in Article XXV herein.
