This article shall apply to all nonconforming
uses, structures, and lots as defined by this chapter. Nothing contained
herein shall require any change in the overall layout, plans, construction,
size or designated use of any development, building, structure or
part thereof for which official approval and required permits have
been granted prior to the effective date of this chapter or any amendment
thereto.
These regulations shall apply to any use of
a structure or lot in any zoning district which is a nonconforming
use as defined by this chapter. Whenever the boundaries of a zoning
district shall be changed so as to transfer an area from one zoning
district to another of a different classification, these regulations
shall also apply to any uses which thereby become nonconforming.
A.
Continuation. Where, at the effective date of adoption
or amendment of this chapter, a lawful use of a lot or structure exists
that is made no longer permissible under the terms of this chapter
as enacted or amended, such use may be sold or otherwise transferred
to other owners and may be continued as long as it remains otherwise
lawful.
B.
Enlargement or expansion.
(1)
No nonconforming use of a lot or structure shall
be enlarged or increased or extended to occupy a greater area than
was occupied at the effective date of adoption or amendment of this
chapter, unless the Zoning Hearing Board, after public hearing, shall
authorize the enlargement or expansion as a use by special exception
in accordance with the following express standards and criteria:
(a)
There is evidence that the enlargement or expansion
of the nonconforming use is necessitated by the natural expansion
and growth of trade of the nonconforming use.
(b)
Any such enlargement or expansion shall conform
to the area, height and yard requirements of the zoning district in
which it is located, unless a variance is granted.
(c)
The enlargement or expansion is not proposed
on property which was not owned at the time the use became nonconforming.
(2)
No nonconforming use shall be moved in whole
or in part to any other portion of the lot occupied by such use at
the effective date of adoption or amendment of this chapter.
(3)
Any nonconforming use may be extended throughout
any part of a structure which was designed for such use at the time
the use became nonconforming; however, a nonconforming use shall not
be extended to occupy any structure, except on a lot or portion of
a lot owned at the time the use became nonconforming.
C.
Change of use. When a nonconforming use is changed
to a conforming use, the use thereafter shall not be changed to a
nonconforming use. A nonconforming use shall not be changed unless
to a conforming use, except when permitted as a use by special exception
by the Zoning Hearing Board in accordance with the following express
standards and criteria:
(1)
The new use is equal to or better than the existing
nonconforming use. In making this determination, the Zoning Hearing
Board shall consider the other uses authorized in the most restrictive
zoning district in which the nonconforming use is listed as a permitted
use, conditional use or use by special exception to be equal uses
and any use authorized in any more restrictive zoning district in
which the nonconforming use is not listed as a permitted use, conditional
use or use by special exception to be better uses.
(2)
The new use will more closely correspond to
the uses permitted in the district.
(3)
The new use will be in keeping with the character
of the neighborhood in which it is located.
D.
Abandonment. When a nonconforming use of a structure
and/or lot is discontinued or abandoned for 12 consecutive months,
the structure and/or lot shall not thereafter be used, except in conformance
with the regulations of the zoning district in which it is located,
except when extended by appeal to the Zoning Hearing Board.
E.
Damage or destruction. In the event that damage or
destruction of a structure in which a nonconforming use is conducted
involves 75% or less of the gross floor area of the structure, repairs
or reconstruction may be undertaken, provided that such restoration
is started within 12 months of the date of destruction. In the event
that a structure in which a nonconforming use is conducted is damaged
or destroyed by fire or other means to an extent of more than 75%
of its gross floor area, the structure shall be reconstructed only
to house a conforming use.
These regulations shall apply to all nonconforming
structures as defined by this chapter in all zoning districts.
A.
Structural alteration. No such structure may be enlarged
or structurally altered in a way which increases its nonconformity,
except when the Zoning Hearing Board, after public hearing, may determine
undue hardship and may authorize a reasonable modification of such
structure.
B.
Damage or destruction. Any nonconforming structure
which has been partially or completely damaged or destroyed by fire
or other means may be rebuilt or repaired on its existing foundation
even though such foundation may violate the setback requirements for
the zoning district in which the structure is located, provided that
the repair or reconstruction and reoccupancy of the structure occurs
within 18 months of the date that the original structure was damaged
or destroyed.
C.
Moving. Should such structure be moved for any reason
for any distance whatever, it shall thereafter conform to the requirements
of the zoning district in which it is located.
D.
Signs.
(1)
Nonconforming signs may be repaired or reconstructed,
provided that no structural alterations are made which increase the
gross surface area of the sign; however, nonconforming signs which
are damaged or destroyed to an extent of more than 50% of their replacement
cost at the time of destruction shall not be reconstructed except
in conformity with the provisions of this chapter.
(2)
Nonconforming signs may not be enlarged, added
to or replaced by another nonconforming sign, use or structure, except
that the interchange of poster panels shall be permitted.
E.
Repair or maintenance. Nothing in this chapter shall
be deemed to prevent the strengthening or restoring to a safe condition
of any structure or part thereof declared to be unsafe by any official
charged with protecting the safety of the public.
A.
Any lot of record existing at the effective date of
this chapter, and held in separate ownership different from the ownership
of adjoining lots, may be used for the erection of a structure conforming
to the use regulations of the zoning district in which it is located,
without a lot area or lot width variance, even though its lot area
and width are less than the minimum required by this chapter; however,
such lot must comply with the front, rear and side yards, height and
lot coverage standards of the zoning district wherein it is located.
B.
Where two or more adjoining lots of record with continuous
frontage have less than the required lot area and lot width and are
held by one owner, the lots shall be consolidated in accordance with
the requirements of the Township's Subdivision and Land Development
Ordinance[1] for the purpose of complying with this chapter. No division
of any lot shall be made which does not comply with the requirements
of this chapter, unless a variance is granted by the Zoning Hearing
Board.
C.
Where structures exist on adjacent nonconforming lots
of record which have front yards less than the minimum depth required,
the minimum front yard for an adjacent undeveloped nonconforming lot
of record shall be the average depth of the nonconforming front yards
on the immediately adjacent developed nonconforming lots on either
side of the undeveloped lot; provided, however, that in no instance
shall the front yard be less than 50 feet from the center line of
any public street.
A.
The owner of a nonconforming use shall make an application
for registration of the nonconforming use and upon presentation of
documentation acceptable to the Zoning Officer that the use was lawfully
in existence prior to the effective date of this chapter or any amendment
which created the nonconformity, the Zoning Officer shall register
the same on a map and by Butler County Deed and Assessment Registry
Tax Parcel Number as a legal nonconforming use.
B.
In the course of administering this chapter and reviewing
applications for zoning certificates or variances, the Zoning Officer
shall register all nonconforming structures and nonconforming lots
as they become known through the application process.
