The intent of this article is to provide regulations governing
lots, buildings, structures and uses which were lawful prior to the
enactment of this chapter, or amendments hereto, but are regulated
under the provisions of this chapter.
A nonconforming lot is a lot which lawfully existed at the effective
date of this chapter but does not conform to the current lot size,
lot width or other regulations of the zoning district in which it
is located.
A. A nonconforming lot shall only be used for a use permitted in the
district in which it is located.
B. Single-family dwellings and accessory structures may be erected on
any lot of record at the effective date of this chapter, provided
the structures comply with all other applicable setbacks, floor area,
height and access requirements for the district in which they are
located.
C. If a nonconforming single-family lot requires deviation from dimensional
requirements of the chapter to erect or enlarge a structure, it shall
only be permitted if a variance is granted by the Zoning Board of
Appeals.
D. If two or more individual, single-family-zoned lots with contiguous
frontage are owned by the same person/entity and do not meet the lot
width and area requirements, the parcels shall be combined if any
changes are proposed to the current building footprint.
E. No portion of said parcel shall be used, occupied or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of a parcel be made which creates a lot width or area less than the requirements contained Article
18.
A nonconforming use is a use which lawfully existed at the effective
date of this chapter but does not currently conform to the use regulations
of the zoning district in which it is located. Any lawful nonconforming
use of land established prior to the effective date of adoption of
this chapter shall not be considered to be in violation of this chapter
and may be continued, subject to the following provisions:
A. A nonconforming use shall not be enlarged, increased or extended
to occupy a greater area of land than was occupied at the effective
date of this chapter.
B. An existing nonconforming use may be expanded, provided the expansion
is within the building footprint that existed at the effective date
of this chapter.
C. If a nonconforming use is moved, it shall conform to the regulations
of the district it is relocated to.
D. In nonresidential districts, nonconforming uses may be changed to
another nonconforming use, provided the ZBA finds that the proposed
use is equal to or more conforming to the uses permitted in the district
in which it is located. In permitting this change, the ZBA may require
appropriate conditions in accord with the purpose and intent of this
section. Where a nonconforming use is hereafter changed to an equal
or more-conforming use, it shall not thereafter be changed to a less-conforming
use.
E. In a residential district, where a nonconforming use is abandoned,
the structure may only be changed to a use that is permitted by the
district in which it is located.
F. Where nonconforming use status applies to a mobile home, trailer
coach or manufactured housing unit located outside a licensed mobile
home park, nonconforming use status shall be extinguished and eliminated
if the mobile home, trailer coach or manufactured housing unit is
moved to a different lot outside a licensed mobile home park.
G. Those alleged nonconforming uses which cannot be proved to have lawfully existed prior to the effective date of this chapter shall be declared illegal and shall be discontinued and made subject to the enforcement provisions of Article
40, Administration and Public Notice, of this chapter.
A nonconforming structure is a structure or portion thereof
that lawfully existed at the effective date of this chapter but does
not conform to the current provisions of this chapter. Any lawful
nonconforming structure established prior to the effective date of
this chapter shall not be considered to be in violation of this chapter
and may be continued, subject to the following provisions:
A. Nonresidential nonconforming structures shall not be expanded, unless a variance is obtained from the ZBA per the standards contained in Article
41, Zoning Board of Appeals.
B. A residential nonconforming structure may be expanded, provided the
expansion will be within required setbacks and that other dimensional
and building code requirements are met. For example, a home with a
nonconforming front yard setback may be expanded in the rear so long
as the rear yard setback and lot coverage remains conforming.
C. A residential nonconforming structure may be expanded into a required front, side or rear yard, upon approval from the ZBA, in accordance with the following standards. A proposed expansion which does not meet the following requirements shall only be permitted after obtaining a variance from the ZBA per the criteria contained in Article
41, Zoning Board of Appeals.
(1)
The expansion does not extend closer to the lot line than any
existing, nonconforming part of the structure.
(2)
The addition does not extend beyond the predominant existing
building line along the same block.
(3)
The addition retains compliance with all other setback, lot
coverage and height requirements.
(4)
The addition will meet all building codes and any other applicable
Township ordinance requirements.
(5)
The resultant addition will be compatible in terms of scale
and design with the existing structure and the established character
of the neighborhood.
D. Any nonconforming structure, or structure containing a nonconforming
use, that is damaged by fire, flood or other means in excess of 50%
of the structure's pre-catastrophe assessed value, as determined by
the Township Assessor, shall not be reconstructed except in conformity
with the provisions of this chapter.
E. Routine maintenance, repairs and improvements may be conducted on
any nonconforming structure or structure containing a nonconforming
use, provided the structure is not enlarged or the use is not expanded.
F. Maintenance, repairs or alterations deemed necessary by the Building
Department to keep a nonconforming structure or structure containing
a nonconforming use structurally safe or fit for human occupancy shall
be permitted, provided the cost does not exceed 50% of the market
value of the building or structure within a twelve-month period. Such
repairs are permitted, provided the structure is not enlarged or the
use expanded. If repairs or alterations exceed 50% of the assessed
value as determined by the Township Assessor, it shall conform to
the provisions of this chapter.
G. A nonconforming structure shall not be moved unless the new location
conforms to the requirements of this chapter for the district in which
it is located.
H. If a structure is altered so as to eliminate, remove or lessen any
of its nonconforming characteristics, then such nonconforming characteristics
shall not be later reestablished or increased.
Nonconforming sites contain development improvements which lawfully
existed at the effective date of this chapter but do not now conform
to the regulations of the zoning district in which they are located.
A. Site improvements or expansions on sites which do not meet ,all of
the current regulations may be permitted without a complete upgrade
of all site elements provided the following conditions are met:
(1)
Safety-related site issues must be met.
(2)
Driveways that do not conform to Article
27, Access Management, shall be eliminated, provided that the minimum reasonable access shall be maintained.
(3)
Nonconforming site elements shall more closely conform to the
current chapter requirements.
(4)
Cracked or damaged pavement and curbing shall be repaired.
(5)
Required nonmotorized pathways shall be installed.
(6)
Signs shall conform with Chapter
145, Signs.
B. Existing nonconformities shall not be increased or expanded.
C. A site plan shall be submitted and reviewed in accordance with Article
33, Site Plan Review.
Where a nonconforming front yard setback, parking lot setback
or greenbelt is created as a result of additional road right-of-way
being acquired, the building or parking lot may be maintained, improved
or expanded without a variance from the Zoning Board of Appeals, provided
the following conditions are met:
A. The required front yard or parking setback was in compliance prior
to the acquisition of the additional road right-of-way.
B. The front yard or parking setback shall not be further reduced as
a result of building or parking lot expansion.