Any use of a building, other structure, lot or area of land lawfully existing on the date of enactment of this Part 3 may be continued, even though such use does not conform to the regulations of the district in which it is located, except that this section shall not apply to any uses found to be hazardous to the public health, safety or welfare by the Township Council.
No nonconforming use shall be extended or enlarged in any way, except as may be allowed pursuant to § 195-18I. Nothing in this or any other provision of this Part 3 shall be deemed to permit any building or structure used as a nonconforming use to encroach upon any required yards, open spaces, off-street parking areas or loading spaces, nor shall the height, lot coverage or other requirement be exceeded.
No nonconforming use that has been abandoned for a period of
12 consecutive months or more shall be reactivated or reestablished.
For the purpose of this section, "abandonment" shall be defined as
the cessation of a nonconforming use for the period hereinbefore specified.
A.
Nothing in this article shall be construed to deem nonconforming
lots and nonconforming structures, as hereinbefore defined, as nonconforming
uses, unless such lots or structures are used as nonconforming uses.
B.
Any structure that is nonconforming in its use and does not conform
to applicable requirements for dimensions or location upon a lot may
be continued and structurally repaired, restored, or enlarged, provided
such continuation, repair, restoration or enlargement is within the
area of the preexisting nonconformity and does not create any new
nonconforming infringement upon lot or yard requirements.
Any amendment to this Part 3 hereafter adopted which would change the permitted uses in a particular district, would create a new district designation wherein only certain uses would be permitted, or would realign certain district boundaries, and, as a result, would cause a use conforming to the provisions of this Part 3 as originally adopted to become nonconforming under the provisions of such amendment, such use shall be then deemed a nonconforming use and shall be subject to all the provisions of this article.
[Amended 7-18-2005 by Ord. No. 05-14]
Applicants requiring variances that exceed the maximum percent
impervious cover must mitigate the impact of the additional impervious
surfaces unless the stormwater management plan for the development
provided for these increases in impervious surfaces. This mitigation
effort must address water quality, flooding, and groundwater recharge
as described in the Township's Stormwater Management Plan. A detailed
description of how to develop a mitigation plan is presented therein.
