[Ord. 100, 10/12/1993, § 601]
1.
Within the zoning districts established by this Chapter or subsequent
amendments thereto, there exists or will exist certain nonconformities
which, if lawful before this Chapter was passed or amended, may be
continued, subject to certain limitations, although such nonconformities
would be prohibited, regulated or restricted under the terms of this
Chapter or subsequent amendments thereto.
2.
To avoid undue hardship, nothing in this Chapter shall be deemed
to require a change in the plans, construction or designated use of
any buildings or structures on which actual construction was lawfully
begun prior to the effective date of adoption or amendment of this
Chapter and on which actual building construction has been diligently
carried on.
[Ord. 100, 10/12/1993, § 602]
1.
Lots of record existing at the date of the adoption or amendment
of this Chapter which do not conform to the regulations of the district
in which they are located may be used for primary structures or dwellings
and customary accessory uses if the buildings are erected according
to the following stipulations. This provision 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 requirements shall conform to the regulations for the
district in which such lot is located. The yard requirements for any
such nonconforming lot situate in a block in which 60% of the land
area has been developed and whereon are erected structures shall be
the average of the yards for the area that has been developed in said
block. For purposes of this provision, "block" shall be defined as
a tract of land bounded by streets, or by a combination of streets
and public parks, cemeteries, railroad rights-of-way, waterways or
municipal corporate boundaries.
2.
If two or more lots, combination of lots and portion 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 established for lot width and/or
area, the land involved shall be considered to be an undivided parcel
for the purpose of this Chapter.
3.
Therefore, no portion of said parcel shall be used or sold in a manner
which diminishes compliance with lot width and/or area requirements
established by this Chapter, nor shall any division of any parcel
be made which creates a lot with width or area below the requirements
stated in this Chapter.
4.
Plots of record located in Agriculture-Forest District at the time
of the enactment of this Chapter with less than 10 acres of land not
adjacent to a farm which is under the same ownership may be developed
provided the lot yard, coverage, and height requirements of Residential
District are met with the following uses permitted: single family
detached dwelling, agriculture, horticulture, animal husbandry, leasing
of rooms, churches, cemeteries and customary accessory uses.
[Ord. 100, 10/12/1993, § 603]
Structures or buildings which at the effective date of this
Chapter or subsequent amendments thereto became nonconforming by reason
of restrictions on area, lot coverage, height, yards, its location
on the lot, or other requirements concerning the building or structure,
may be continued to be used so long as such structure or building
remains otherwise lawful, subject to the following provisions:
A.
Enlargement. No such nonconforming structure or building may be enlarged
or altered in a way which increases its nonconformity.
B.
Damage or Destruction. A nonconforming structure which is destroyed,
or partially destroyed by fire, explosion or by any means to an extent
of 75% or more of the market value thereof immediately prior to such
damage or destruction shall not be repaired or restored to a nonconforming
status, but shall be reconstructed and used only in conformity with
the provisions of this Chapter.
C.
Moving of Structure or Building. No nonconforming structure or building
shall be, for any reason, moved for any distance unless it shall thereafter
conform to the zoning regulations for the district in which it is
located after it is moved.
D.
Discontinuance. Whenever a nonconforming structure or building has
been vacated for a period of 24 consecutive months, such structure
or building shall thereafter not be used except in conformance with
the provisions of this Chapter.
[Ord. 100, 10/12/1993, § 604]
Lawful uses of structures or buildings which at the effective
date of this Chapter or as a result of subsequent amendments thereto
become nonconforming, may be continued by the present or any subsequent
owner so long as such use remains otherwise lawful, subject to the
following provisions:
A.
Extension. A nonconforming use may be extended throughout any part
of an existing structure or building, or a new extension may be constructed;
provided, that any structure alterations, extensions or additions
shall comply with all provisions of this Chapter with respect to height,
area, width, yard and coverage requirements for the zoning district
in which the structure or building is located. However, such extension
of a nonconforming use shall not exceed 50% of the gross floor area
occupied by said nonconforming use at the time such nonconforming
use became nonconforming.
B.
Change of Use. A nonconforming use, if changed to a conforming use,
shall not thereafter be changed back to any nonconforming use. A nonconforming
use may by special exception, be changed to another nonconforming
use provided that the Zoning Hearing Board shall find that the proposed
use is equally appropriate or more appropriate in the zoning district
than the existing nonconforming use.
C.
Discontinuance. Whenever a nonconforming use of a structure or building
or portion thereof has been discontinued or abandoned for 24 consecutive
months, such structure or building or portion thereof shall not thereafter
be used for a nonconforming use.
[Ord. 100, 10/12/1993, § 605]
Any use which is permitted as a special exception in a zoning
district under the terms of this Chapter (other than a change through
Zoning Hearing Board action from one nonconforming use to another
nonconforming use) shall not be deemed a nonconforming use in such
zoning district, but shall without further action be considered a
conforming use.
[Ord. 100, 10/12/1993, § 606]
It shall be the responsibility of each property owner to register
with the Code Enforcement Officer uses and structures in all districts
not permitted by right in that district, and for which no special
exception or variance has been issued and which does not otherwise
comply with all Sections of this Chapter. A fee shall be charged by
the Code Enforcement Officer for each registration as outlined in
the current fee schedule of the Township. Such a listing shall be
a matter of public record and shall constitute sufficient notice of
the nonconforming status of said use and the limitations therein expressed
and implied to any transferee acquiring any right to use or own such
property.
