The provisions of this article shall apply to
buildings, structures, signs, lots and uses which become nonconforming
as the result of the application of this chapter to them or from classification
or reclassification of the property under this chapter or any subsequent
amendment thereto.
A.
In any district in which single-family dwellings are
permitted, notwithstanding limitations imposed by other provisions
of this chapter, a single-family dwelling and customary accessory
buildings may be erected on any single lot of record at the effective
date of adoption or amendment of this chapter. Such lot must be in
separate ownership and not of contiguous frontage with other lots
in the same ownership. The exception to this requirement that the
lot be in separate ownership is when the contiguous nonconforming
lots in single ownership are the same 60 feet in width and all other
lots in the same plan of subdivision have similar widths, the nonconforming
lots may be sold separately for single-family development under this
section.
B.
This section shall apply even though such lot fails
to meet the requirements for area or width, or both, that are generally
applicable in the district, provided that yard dimensions and other
requirements not involving area or width, or both, of the lot shall
conform to the regulations for the district in which such lot is located.
Otherwise, variance of area, width, and yard requirements shall be
obtained only through action of the Zoning Hearing Board.
C.
With the exception of lots approved and recorded between April 15, 1974, and October 15, 2007, if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. Before any zoning permit is issued, a consolidation plat must be approved and recorded, in accordance with the requirements of Chapter 252, Subdivision and Land Development, with the exception of lots approved and recorded between April 15, 1974, and, October 15, 2007, that are contiguous to each other, shall not be required to be consolidated. No portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter. Any change in lot lines necessary to meet the minimum requirements of this chapter shall constitute a revision to the recorded plan and shall meet all applicable requirements of Chapter 252, Subdivision and Land Development.
Where, at the effective date of adoption or
amendment of this chapter, a lawful use of land exists that is made
no longer permissible under the terms of this chapter as enacted or
amended, such use may be sold or otherwise transferred to other owners
and may be continued, so long as it remains otherwise lawful, subject
to the following provisions:
A.
No such nonconforming use of land shall be enlarged
or increased nor extended to cover a greater land area than that covered
at the date of adoption or amendment of this chapter, except when
authorized by the Zoning Hearing Board upon the Board's determination
that the enlargement, increase or extension is necessitated by the
natural growth and expansion of the use, provided that no expansion
of a nonconforming use shall take place on land acquired after the
nonconformity was created.
B.
No such nonconforming use of land shall be moved,
in whole or in part, to any other portion of the lot or parcel occupied
by such use at the effective date of adoption or amendment of this
chapter, unless a move is required as a result of natural causes not
the fault of the property owner.
[Amended 12-17-2012 by Ord. No. 869]
C.
If any such nonconforming use of land ceases for any
reason for a period of one year and the landowner indicates an intention
to abandon the nonconforming use, any subsequent use of such land
shall conform to the regulations specified by this chapter for the
district in which such land is located.
If the lawful use of a structure, or structure
and premises in combination, exists at the effective date of adoption
or amendment of this chapter that would not be allowed in the district
under the terms of this chapter, the lawful use may be sold or otherwise
transferred to other owners and may be continued so long as it remains
otherwise lawful, subject to the following provisions:
A.
No existing structure or structure and premises in combination devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located, unless the Zoning Hearing Board, after the public hearing conducted in accordance with the procedures specified in § 300-36B of this chapter, shall determine that the enlargement or extension is necessitated by the natural expansion and growth of trade of the nonconforming use, or unless the property has been destroyed by natural causes, including deterioration or blight, in which case it can be rebuilt within the same footprint. Approval of the Zoning Hearing Board shall not be required for routine maintenance, repairs to strengthen or restore the structure to a safe condition or any other cosmetic alteration which does not change the use of the structure or increase the area of the structure devoted to the nonconforming use.
[Amended 12-17-2012 by Ord. No. 869]
B.
Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment of this chapter, but
no such use shall be extended to occupy any land outside such building.
C.
Adaptive
reuse. For the purposes of implementing the provisions of this section,
the use and occupancy of a legal nonconforming structure or a structure
conforming for use on land in part or in whole within a C or M District
shall be permitted as follows as an adaptive reuse:
[Added 12-21-2009 by Ord. No. 845[1]]
(1)
The standards and review procedures enumerated in this section and in § 252-10 of Chapter 252, Subdivision and Land Development, for "minor land developments," as defined, shall be applicable to all such proposals for adaptive reuse and shall be used in lieu of the provisions for land development approval in §§ 252-11 and 252-12 of Chapter 252, Subdivision and Land Development.
(2)
The
proposed use shall be listed as a permitted use in the zoning district.
(3)
All
applicants and/or property owners shall submit five copies of a use
narrative and all required information as specified in this section
to the Zoning Officer.
(a)
Copies of a recorded plot plan at a scale no greater than one inch
equals 50 feet.
(b)
The location and dimensions of all existing structures, public utilities,
and utility easements, and/or private wells and septic systems.
(c)
The location of all parking areas, driveways or points of access
to any public or private rights-of-way.
(d)
The location of any and all land classified as a wetland or in a
FEMA floodplain.
(e)
The location and description of all proposed exterior improvements
including lighting, parking areas, sidewalks, landscaping and signage.
(f)
Such other information as deemed necessary by the Zoning Officer
or Township Engineer to evaluate the proposed adaptive reuse.
(4)
Where
the proposed adaptive reuse generates the need for the enlargement
of an existing septic system or additional taps to the public water
service system, that proposed adaptive reuse shall constitute a land
development.
D.
If no structural alterations are made, any nonconforming
use of a structure, or structure and premises, may be changed to another
nonconforming use, provided that the Zoning Hearing Board, either
by general rule or by making findings in the specific case, shall
find that the proposed use is equally appropriate or more appropriate
to the district than the existing nonconforming use. In permitting
such change, the Zoning Hearing Board may require appropriate conditions
and safeguards in accord with the provisions of this chapter.
E.
Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use
shall thereafter conform to the regulations for the district in which
such structure is located, and the nonconforming use may not thereafter
be resumed.
F.
When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or abandoned for one
year, and the landowner indicates an intention to abandon the nonconforming
use, the structure, or structure and premises in combination, shall
not thereafter be used except in conformance with the regulations
of the district in which it is located.
G.
Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the structure
shall eliminate the nonconforming status of the land.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reasons of restrictions on area,
lot coverage, height, yards or other characteristics of the structure
or its location on the lot, such structure may be sold or otherwise
transferred to other owners and may be continued so long as it remains
otherwise lawful, subject to the following provisions:
A.
Decks, porches and additions to nonconforming structures
shall be permitted without a variance from the Zoning Hearing Board,
provided that the deck, porch or addition does not increase the nonconformity
of the nonconforming principal structure and all other area and bulk
regulations of the zoning district are met for the deck, porch or
addition to the structure.
B.
No such structure may be enlarged or altered in any
way which increases its nonconformity, unless an enlargement or structural
alteration makes the building more conforming or is authorized by
a variance granted by the Zoning Hearing Board or is required by law.
C.
Rebuilding of damaged or destroyed structures.
[Amended 12-21-2009 by Ord. No. 845; 12-17-2012 by Ord. No. 869]
(1)
For parcels larger than 9,000 square feet, a legal nonconforming
structure that has been destroyed or damaged equal to 50% or more
of its total value by fire, windstorm, lightning or similar cause
deemed to be not the fault of the owner may be rebuilt in a nonconforming
fashion based on the following criteria:
[Amended 12-18-2017 by Ord. No. 897]
(a)
The application for a building permit is submitted within 18
months after the date of damage or destruction.
(b)
Work begins in earnest within six months afterwards.
(c)
No new nonconformity may be created or increased by any reconstruction.
(d)
Property shall be properly secured during such time, in such
a way to keep out trespassers and to avoid harm to neighboring properties.
(e)
Rebuilding of a damaged or destroyed nonconformity shall not
begin until plans for rebuilding have been presented and approved
by the Zoning Officer.
(f)
Any change of one nonconforming use to another nonconforming
use shall comply with the provisions of this section.
(2)
For parcels 9,000 square feet or less, a legal conforming structure
that has been destroyed or damaged equal to 50% or more of its total
value by fire, windstorm, lightning, blight, deterioration or a similar
cause deemed to be not the fault of the owner may be rebuilt in a
nonconforming fashion within the same footprint, based on the following
criteria:
(a)
The application for a building permit is submitted within 18
months after the date of damage or destruction.
(b)
Work begins in earnest within six months afterwards.
(c)
No new nonconformity may be created or increased by any reconstruction.
(d)
Property shall be properly secured during such time, in such
a way to keep out trespassers and to avoid harm to neighboring properties.
(e)
Rebuilding of a damaged or destroyed nonconformity shall not
begin until plans for rebuilding have been presented and approved
by the Zoning Officer.
(f)
Any change of one nonconforming use to another nonconforming
use shall comply with the provisions of this section.
D.
In the event that a nonconforming deck, porch, carport
or other unenclosed structure or architectural feature which is attached
to the principal structure is removed for whatever reason, said nonconforming
deck, porch, carport or other unenclosed structure or architectural
feature may be reconstructed in its original location without a variance
from the Zoning Hearing Board, provided that the reconstruction is
completed within 18 months of the date of removal of the nonconforming
unenclosed accessory structure or architectural feature.
E.
Should such structure be moved for any reason, other
than reasons resulting from causes not deemed to be the fault of the
owner, for any distance whatsoever, it shall thereafter conform to
the regulations for the district in which it is located after it is
moved.
[Amended 12-17-2012 by Ord. No. 869]
F.
Nonconforming signs:
(1)
May be repaired, provided that no structural alterations
are made which increase the gross surface area or height of the sign.
(2)
May not be enlarged or added to, but may be replaced
by another nonconforming sign within the same footprint. The interchange
of poster panels shall be permitted.
[Amended 12-17-2012 by Ord. No. 869]
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
A.
When any nonconforming use, structure or lot exists,
it shall be the responsibility of the landowner to provide evidence
of the date upon which the nonconforming use, structure or lot was
established or acquired. Information regarding the nonconforming use
shall be supplied by the landowner on an application form supplied
by the Township.
B.
The Zoning Officer or his authorized representative
shall act upon all requests for registration of nonconforming uses,
structures and lots within 30 days of receipt of an application for
registration and shall maintain a register of all approved applications
for registration of nonconforming uses, structures and lots. Failure
of the Zoning Officer to act within the required time shall result
in deemed denial.
The provisions of this article shall not apply
to any building or structure which is designated by the Planning Commission,
with concurrence of the Township Board of Commissioners, to be an
"historical landmark."
