The zoning districts established by this chapter
are designed to guide future use of land in the Township by encouraging
the development of desirable residential, commercial and industrial
areas, with appropriate groupings of compatible and related uses,
to the end of promoting and protecting the public health, safety,
comfort, prosperity and other aspects of the general welfare.
A. Lawful existing uses which would be prohibited or
restricted under the terms of this chapter, or future amendments,
and which do not conform to the character and regulations of the zoning
district in which they are located, are subject to certain limitations.
The regulations set forth herein are intended to afford a means whereby
nonconforming uses can be gradually eliminated and reestablished in
more suitable locations within the Township.
B. Buildings or other structures which do not comply
with one or more of the applicable district requirements as to use,
lot width, minimum lot area and yard spaces, width of lot, coverage,
or height, and signs which do not comply with requirements as to size,
area, height, location, or lighting are deemed to be nonconforming.
C. Nonconforming uses and structures will be permitted
to remain; the purpose of regulating them is to restrict any further
investment in uses or structures which are inappropriate to their
locations.
D. To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in plans, construction, or intended
use of any building for which a building permit was applied prior
to the effective date or amendment of this chapter.
Nothing in the zoning district regulations shall
be held to prohibit the erection of a principal building or other
accessory structures located on the same lot as a principal building
in a zoning district, upon a lot of record whose size is inadequate
to meet the lot area regulations set for the district, provided that
it has the right of direct access to a public street and its use complies
with all other zoning regulations and lot area, yard and height regulations.
A nonconforming building which has been damaged
or destroyed by fire, or other cause, or a nonconforming building
which has been legally condemned, may be reconstructed and used for
the same nonconforming use, provided that:
A. The reconstructed building shall not exceed in height,
area, and volume or the use of the building destroyed or condemned;
B. Building reconstruction shall be commenced within
one year from the date the building was destroyed or condemned and
shall be carried on without interruption.
C. The reconstructed building shall not accommodate a
change or expansion of use.
If an owner of a building or land which is occupied
by a nonconforming use desires to discontinue such use for an extended
period of time, but intends to resume such use at a later date, he
shall apply to the Township Board of Supervisors, in writing, for
a certificate of continuance stating the reasons for and duration
of the discontinuance and the date upon which such use will be resumed.
Certificates shall be granted for periods of six months or more, and,
if no certificate has been granted, subsequent use of such building
or land shall be in conformity with the provisions of this chapter.
Any nonconforming structure or group of structures
which remain in a state of abandonment for a period of 18 months must
be removed by the property owner at his own expense.
Any nonconforming use which has been carried
on continuously, openly, and known to the general public in a manner
which does not comply with the applicable provisions of this chapter,
as hereafter amended, may be continued.
A nonconforming use may be expanded following
review and approval by the Zoning Hearing Board, provided that:
A. Any such expansion shall comply with this chapter's
requirements otherwise applicable in the district in which the nonconforming
use is located; and
B. With respect to an expansion involving an addition
to an existing building or structure which occupy more land area,
or the construction of a new building or structure, the gross floor
area of all such additions or new construction and the total land
area covered by such additions shall, in the aggregate, be no more
than 25% of the gross floor area and corresponding land area of the
buildings and structures occupied by the nonconforming use as of June
10, 1996; and
C. The cost of such expansion shall not exceed 50% of
the assessed value of the land and improvements occupied by the nonconforming
use as of June 10, 1996.