A.
Continuation. Any lawful building or structure or
any lawful use of a building or structure or land existing on the
effective date of this chapter or any amendment thereto which does
not conform to the provisions of this chapter or any subsequent amendment
shall be considered a lawful nonconforming building, structure or
use and may be continued, except as otherwise provided herein.
[Amended 6-15-1987 by Ord. No. 87-516]
B.
Extension.
[Amended 11-14-1966 by Ord. No. 66-190; 6-15-1987 by Ord. No. 87-516; 11-9-2023 by Ord. No. 2023-893]
(1)
Any lawful nonconforming use of a portion of a building may
be extended throughout the entire building area in existence upon
the date of the subsequent amendment which rendered the use nonconforming.
(2)
A lawful nonconforming use may be expanded no more than 25%
of the area of an extension, expansion, or alteration of a building
constructed after the effective date of this chapter or the date of
the subsequent amendment which rendered the use nonconforming, and
further provided that the expanded or altered building conforms with
all height, setback, yard, and coverage requirements of the district
in which the use is located.
(3)
Nonconforming structures, including buildings, being used for
a conforming use may continue in the current form of the structure
and may be extended or altered if the extension or alteration does
not increase the nonconformity of the building or structure with respect
to the height, setback, yard or coverage requirements of the district
in which it is located.
(4)
The voluntary demolition, razing, or removal of a nonconforming
structure or building, or portion thereof, shall be considered an
abandonment of the nonconforming structure or building or the nonconforming
portion of such building or structure. In such an instance, a nonconforming
structure or building shall not be permitted to be replaced, reconstructed,
or rebuilt with another nonconforming structure or building or otherwise
maintain any preexisting nonconformity.
C.
Restoration.[1] Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause to an extent of not more than 75% of its fair market value may be reconstructed in the same location, provided that the reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as provided in Subsection B of this section hereinabove, and that reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
D.
Abandonment. If a lawful nonconforming use of a building
or other structure is abandoned or discontinued for a continuous period
of one year or more, or if a lawful nonconforming use of land is abandoned
or discontinued for a continuous period of six months or more, subsequent
use of such building or structure or land shall be in conformity with
the provisions of this chapter.[2]
[2]
Editor's Note: Original Subsection F, Nonconforming
Signs, and original Sections 1601, Lots Nonconforming as to Area and
Width Regulations, and Lots of Unusual Dimensions, and 1602, Subdivisions
Previously Approved, all of which immediately followed this section,
were repealed 6-15-1987 by Ord. No. 87-516.
E.
Lots nonconforming as to area, width and yard regulations. No structure
may be erected on any dimensionally nonconforming lot unless it was
held on the date it became nonconforming in single and separate ownership
and provided:
[Added 4-15-2021 by Ord.
No. 2021-874]
(1)
All other requirements of the district in which the lot is situated
are complied with;
(2)
If the lot is not served by public water and sewer, the applicant
shall demonstrate compliance with all requirements of the Montgomery
County Board of Health;
(3)
Streets and other improvements shown on the plan which created
the lot have been completed and approved by the Township, whether
or not said improvements have been accepted in dedication by the Township;
and
(4)
Applicants shall comply with the stormwater management requirements
outline in Chapters 140A and 140B of the Township Code.
