Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a building
permit has heretofore been issued and the construction of which shall
have been diligently prosecuted within three months of the date of
said permit.
All lawful uses existing at the effective date of this chapter
which do not conform to the requirements set forth in this chapter
or any amendments thereto may be identified and recorded by the Township
Zoning Officer within 90 days of the effective date of this chapter
or pertinent amendments thereto.
In any district where dwellings are permitted, a single-family
dwelling may be located on any lot or plot of official record as of
the effective date of this chapter irrespective of its area or width
or depth, sewage disposal and driveway connection to a public road.
When the lot does not meet the minimum lot area, depth or width for
the district in which it is located, the following modifications may
be applied:
A. The sum of the side yard widths of any such lot or
plot need not exceed 30% of the width of the lot, but in no case shall
any one side yard be less than 10% of the width of the lot.
B. The depth
of the rear yard of any such lot need not exceed 20% of the depth
of the lot, but in no case shall it be less than ten feet.
All uses or buildings which are deemed to be
nonconforming under the provisions of this chapter and which are located
in the (FP) Floodplain District may be continued, maintained, and
floodproofed, except as provided hereafter:
A. Nonconforming uses or structures which have been discontinued
or vacated for one year shall be considered abandoned. Vacation of
land or structures or the nonoperative status of the use normally
carried on by the property shall be evidence of discontinuance. No
abandoned use or structure may be reestablished, repaired, or reoccupied.
The Board of Supervisors may require the removal of any abandoned
nonconforming use or structure upon proper notice to the owner of
the property on which an abandoned nonconforming use or structure
exists. If the owner has not completely removed the abandoned use
or structure within a reasonable amount of time, not to exceed nine
months, the Board of Supervisors shall have the authority to itself
cause the removal to be accomplished, the costs of such removal to
be paid by the property owner.
B. A nonconforming use or structure may not be expanded
or modified in any manner which would increase or aggravate flooding
or flood hazards. Nothing shall be done which would otherwise violate
any of the provisions of this chapter.
C. Replacement and rebuilding:
(1) A nonconforming use or structure may be replaced,
repaired, or rebuilt if it is damaged or destroyed by any means, including
floods, to the extent of less than 50% of its fair market value at
the time of its damage or destruction. In such a case, however, the
nonconformity of the new use or structure with respect to requirements
as expressed in provisions of this chapter shall not exceed that of
the original use or structure which was damaged or destroyed. Nothing
shall be done which would otherwise violate any of the provisions
of this section.
(2) A nonconforming use or structure which has been damaged
or destroyed by any means, including floods, to the extent of 50%
or more of its fair market value at the time of its damage or destruction
may not be replaced, restored, repaired, reconstructed, improved,
or rebuilt in any way other than in complete conformity and full compliance
with all provisions of this chapter, and all other ordinances of East
Manchester Township.
(3) The Zoning Officer shall have the initial responsibility
of determining the percent of damage or destruction and the fair market
value of the damaged or destroyed use or structure at the time of
its damage or destruction, and may call on any experts or authorities
he/she may deem necessary to assist him/her in arriving at a fair
and impartial determination. Appeals of the decision of the Zoning
Officer may be made to the Zoning Hearing Board.