The regulations of this article shall apply
to nonconforming uses, structures, lots, and signs, as defined below.
A lot or site which does not comply with the applicable dimensional
regulations, including those related to site area, lot area, and lot
width, in this chapter or amendments hereafter enacted where such
lot was lawfully in existence prior to enactment of this chapter or
amendments.
Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height or size to the regulations of Article XIII, Signs.
A structure which does not comply with the applicable dimensional
regulations, including those relating to density, impervious surfaces,
building coverage, building height, and setbacks in this chapter or
amendments hereafter enacted where such structure was lawfully in
existence prior to enactment of this chapter. Such structures include,
but are not limited to, buildings, fences, and swimming pools.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendments hereafter
enacted where such use was lawfully in existence prior to the enactment
of this chapter or amendments.
Any lawful building or other structure, or any
lawful use of a building, land or sign legally existing at the time
of adoption of this chapter, or authorized by a building permit issued
prior thereto, may be continued in the form evident at the time of
adoption of this chapter.
A.
Expansion. The nonconforming use of a building or
of a lot shall not be expanded so as to use other portions of the
building or lot and a nonconforming building housing a nonconforming
or permitted use shall not be expanded or structurally altered, except
insofar as is permitted by law to assure the structural safety of
the building; unless the Zoning Hearing Board shall, by special exception
as hereinafter provided, authorize the expansion of such use or building.
The Zoning Hearing Board, upon proper application, may grant such
special exception, provided that:
(1)
It is clear that such expansion is not materially
detrimental to the character of the surrounding area or to the interest
of the municipality.
(2)
The area devoted to the nonconforming use shall
not be increased more than once during the life of the use. In addition,
the area devoted to the nonconforming use shall not be increased more
than 50% above its original size.
(3)
Any expansion of the building or of a lot having
a nonconforming use shall conform to all applicable area and bulk
regulations of the district in which it is situated and to all regulations
applicable to such a use in the district or districts.
B.
Change of use.
(1)
A nonconforming use may be changed to another
nonconforming use by the grant of a special exception only upon determination
by the Zoning Hearing Board, after public hearing, that the proposed
new use will be similar to or less detrimental to its neighborhood
and abutting properties than is the use it is to replace. In evaluating
relative detriment, the Zoning Hearing Board shall take into consideration,
among other things: potential traffic generation; nuisance characteristics
such as emission of noise, dust, odor, glare and smoke; fire hazards;
and hours and manner of operation.
(2)
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use.
C.
Restoration. A structure containing a nonconforming
use involuntarily destroyed by fire, explosion, flood or other phenomena,
or legally condemned, may be reconstructed and used for the same nonconforming
use, provided that:
(1)
Reconstruction of the structure shall commence
within one year from the date the structure was destroyed or condemned
and shall be completed within one year of the date commenced.
D.
Discontinuance or abandonment. If a nonconforming
use of a structure or land is razed or removed or discontinued or
abandoned for 12 or more consecutive months, subsequent use of such
structure or land shall conform with the regulations of the district
in which it is located. However, the same nonconforming use shall
be allowed, provided the request for the nonconforming use is filed
within the twelve-month period and thereafter approved by the Zoning
Hearing Board and the permit application for such approved nonconforming
use is filed within 30 days after the decision of the Zoning Hearing
Board.
A.
Alteration, renovation, or enlargement.
(1)
Nonconforming structures may be altered, renovated, or enlarged provided that such alteration, renovation or enlargement does not increase the floor area of the structure as it existed on the date when the structure became nonconforming. Such alteration, renovation or enlargement shall not increase any existing nonconformity. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 370-121A of this article. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 370-123C of this article.
(2)
Any structural alteration of or addition to
existing buildings shall conform with all area and bulk regulations
including minimum area, height, width, yard and coverage requirements
for the district in which it is located as well as building code regulations
currently in effect.
B.
Restoration. Any lawful nonconforming building or
other structure which has been involuntarily damaged or destroyed
by fire, explosion, windstorm, or other active cause may be reconstructed
in the same location provided that:
A.
A building may be constructed on a nonconforming lot
of record in existence at the effective date of this chapter under
the following circumstances:
(1)
An owner of two or more contiguous nonconforming
lots which, if combined, would create a lot of conforming size, shall
be required to combine such lots prior to the issuance of a building
permit.
(2)
A building may be constructed on a lot which
is nonconforming solely in respect to lot area requirements, when
authorized by the Zoning Officer.
(3)
Where the side, rear or front yard setbacks
cannot be met, a special exception to construct a building on a nonconforming
lot may be authorized by the Zoning Hearing Board.
B.
No lot area shall be reduced so that the area or width
of the lot or the applicable setback dimensions shall be smaller than
herein prescribed.
C.
An existing structure located on a lot nonconforming
as to area may be used for the use permitted in the district in which
it is located, provided the structure complies within all bulk requirements
of that district. If a nonconforming structure is located on a nonconforming
lot, such structure may be used for a use permitted in the district
in which it is located when it is determined by the Zoning Officer,
or by the Zoning Hearing Board on appeal, that the proposed use is
not injurious to health, safety, morals, and general welfare of the
Township in general and the surrounding property owners in particular.
Any nonconforming sign legally existing at the
time of the passage of this chapter shall be bound by following regulations:
A.
Moving. A nonconforming sign may be moved provided
that moving such a sign would eliminate the nonconformity. A nonconforming
sign shall not be moved to a position where such sign remains nonconforming
unless permitted by special exception.
B.
Area. The total area of all such signs relating to
a single use at the effective date of this chapter, or at the effective
date of any amendment of this chapter by which any sign shall be made
nonconforming, shall not be increased.
C.
Repair or replacement. Nonconforming signs, once removed
or damaged more than 60%, including structural framing or bracing,
shall be replaced only with conforming signs. Nonconforming signs
with damage of 60% or less may be repainted or repaired, provided
that such repainted or repaired sign does not exceed the dimensions
of the existing sign.
D.
Discontinuance. Whenever any nonconforming use of building, structure, or land, or of a combination of buildings, structures, and land ceases as prescribed in § 370-121D, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within 30 days from the date such use terminates.
