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.
Nonconforming signs. Any sign, signboard, billboard,
or advertising device existing at the time of the adoption of this
chapter that does not conform in use, location, height, or size, with
the regulations of this chapter shall be considered a nonconforming
sign.
E.
Temporary nonconforming use.
(1)
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 30 days on the approval of an application
for a special exception by the Zoning Hearing Board, but any such
use to be permitted for a longer period shall require a public hearing
thereon, after which a Zoning Hearing Board approval may be granted
for period not to exceed one year.
(2)
A building permit and/or use and occupancy permit
shall be required for any structure associated with such a temporary
use, in accordance with the standards and regulations for permanent
structures and uses.
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.
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.
(2)
Nonconforming use of a building may be extended
throughout the building.
(3)
A building which houses a nonconforming use
may be expanded by no more than 25% of its gross floor area at the
time it became nonconforming.
(4)
A nonconforming building may be expanded by
no more than 25% of its gross floor area at the time it became nonconforming.
(5)
A nonconforming use of land may be expanded
by no more than 10% of the gross lot area at the time it became nonconforming.
(6)
Extension and/or expansion as permitted in Subsection D(1) through (5), above, shall be permitted only to the extent that the expansion and all new construction of any expansion of a nonconforming use shall comply with the dimensional and lot coverage requirements of the applicable district. 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 6-2-2015 by Ord.
No. 15-04]
E.
Additional building regulations. The following regulations
apply to buildings:
(1)
Buildings which are under construction at the
time they become nonconforming may be continued to completion, provided
that valid building permits have been issued for those buildings and
substantial construction has begun. If the building was intended for
a use which has become nonconforming after construction of the building
had begun, the building may be occupied and used for that legal use
intended at the time the building permit was issued, or for a use
which is otherwise in conformance with the regulations for the zoning
district in which the building is located.
(2)
Buildings not yet under construction shall be
built and used in conformance to this chapter.
(3)
Nonconforming structures damaged or destroyed
by fire, explosion, accident, calamity, deterioration or neglect,
may be reconstructed and used as before, provided that:
[Amended 8-3-2010 by Ord. No. 10-03]
(a)
The reconstructed building shall not exceed
the dimensions of the damaged or destroyed building, including height,
width, depth, and volume, except in conformance with the rules and
regulations of this Zoning Chapter covering nonconforming uses.
(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.
(4)
Legally condemned nonconforming buildings shall
not be rebuilt or used except in conformance with this chapter.
F.
Development of nonconforming lots. A single-family
detached dwelling unit may be constructed on a nonconforming lot in
a residential district in accordance with the dimensional requirements
of the district. Relief from dimensional requirements which present
a hardship may be sought through the Zoning Hearing Board variance
procedure.
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.
H.
Exception. A nonconforming lot of record, which is
part of a subdivision plan approved by the Board of Supervisors as
recorded in the office of Recorder of Deeds as such, and which is
in compliance with the zoning regulations in effect immediately prior
to the date of enactment of this chapter, may be developed in accordance
with the terms of such approval and preceding zoning regulations.
I.
Signs. A nonconforming sign may continue in its current
use and location, provided it is maintained in safe and good repair.
A.
Registration. The Zoning Officer shall 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, lot, building 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.
