All uses, structures, lots, and signs that do
not conform to the regulations of the district in which they are located,
but were in lawful existence prior to the effective date of this chapter
shall be known and regarded as nonconforming and the following regulations
shall apply to them.
The lawful use of a structure, land or sign
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 although such use
does not conform to the provisions of this chapter.
A.
Change of use. A nonconforming use may be changed
to another nonconforming use by grant of conditional use only upon
determination by the Board of Supervisors, after public hearing, that
the proposed new use will be similar to or less detrimental to its
neighborhood and surroundings than is the use it is to replace. In
determining relative detriment, the Board of Supervisors shall take
into consideration, among other things traffic generated, nuisance
characteristics (such as emission of noise, dust, glare and smoke),
fire hazards and hours and manner of operation. Once changed to a
conforming use, no structure or land shall be permitted to revert
to a nonconforming use.
B.
Extension or enlargement. The nonconforming use of
a structure or of a lot shall not be extended or enlarged, so as to
use other portions of the structure or lot and a nonconforming structure
housing a nonconforming or permitted use shall not be extended or
structurally altered, except insofar as is required by law to assure
the structural safety of the structure, unless the Board of Supervisors
shall, by conditional use as hereinafter provided, authorize the extension
or enlargement of such use or structure. The Board of Supervisors,
upon proper application, may grant such conditional use; provided
that:
(1)
It is clear that such extension is not materially
detrimental to the character of the surrounding area or the interest
of the Township.
(2)
The area devoted to the nonconforming use shall
in no case be increased by more than 50%. This increase by 50% shall
occur only once per nonconforming use.
(3)
Any extension of a structure having a nonconforming
use shall conform to the 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 in which the use is now permitted.
(4)
Any lawful nonconforming use of land exclusive
of a structure and the use contained therein, may be extended upon
the lot existing at the time of adoption of this chapter, but such
extension shall conform to the area and bulk regulations and to the
design standards of this chapter. Such extension of a nonconforming
use shall be limited to the lot which was in existence at the time
of adoption of this chapter.
C.
Restoration. A structure containing a nonconforming
use destroyed by 75% or less of its value by fire, explosion, flood
or other phenomenon, or legally condemned, may be reconstructed and
used for the same nonconforming use; provided, that, reconstruction
of the structure shall be commenced 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. If a nonconforming use is discontinued
with intent or otherwise totally ceases for a continuous period of
one year or more, subsequent use of such structure or land shall conform
to the provisions of this chapter.
A.
Extension 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 nonconforming structure by more than 50% of the floor area of the structure as it existed on the date when the structure became nonconforming; provided, that such alteration, renovation or enlargement does not increase any existing nonconformity, and provided that the portion of the structure constituting the enlargement complies with all area and bulk regulations. 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 § 325-105B 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 § 325-105C of this article.
B.
Restoration. Any lawful nonconforming structure which
has been involuntarily damaged or destroyed by fire, explosion, windstorms
or other adverse cause may be reconstructed in the same location;
provided that:
A.
A building may be constructed on a nonconforming lot
of record if it will comply with all applicable area and bulk regulations
other than the minimum lot size requirement. If the building does
not comply with all applicable area and bulk regulations, variance(s)
must be obtained from the Zoning Hearing Board. Contiguous nonconforming
lots under common ownership shall be considered one lot.
[Amended 5-30-2012 by Ord. No. 399]
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.[1]
[1]
Editor’s Note: Former Subsection C, pertaining to permitted
uses for existing structures, which immediately followed this subsection,
was repealed 5-30-2012 by Ord. No. 399.
Any existing nonconforming signs, signboards,
billboards or advertising devices may be continued, subject to the
following:
A.
Moving. No nonconforming sign shall be moved to another
position on the structure or lot on which it is located after the
effective date of this chapter or amendment thereto, unless permitted
by conditional use.
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.
Replacement. No such sign shall be physically altered
or replaced unless authorized as a conditional use by the Board of
Supervisors. Nonconforming signs, once removed, may be replaced only
by conforming signs.
D.
Discontinuance. Whenever any nonconforming use of building use of building, structure or land, or of a combination of buildings, structure and land ceases as prescribed in § 325-105D, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within three calendar months from the date such use terminates.
[1]
Editor’s Note: Former § 325-109, Registration,
was repealed 5-30-2012 by Ord. No. 399.
