All buildings, structures, uses of land, uses of buildings,
lots, and signs which do not conform to all of the applicable regulations
of the district in which they are located or other applicable requirements
of this chapter shall be considered as nonconforming, provided that:
Nonconforming status shall be classified as follows:
A.
Nonconforming use. The existing lawful use of land and/or buildings
and/or structures upon the land which does not conform to any of the
permitted uses of the district in which it is located.
B.
Nonconforming building or structure. Any existing lawful building
or structure that does not conform to the height, location, size,
bulk, or other dimensional requirements of the district in which it
is located. This does not include signs.
C.
Nonconforming lot. Any existing lawful lot which does not conform
to the area and/or width requirements for lots in the district in
which it is located.
D.
Nonconforming signs. Any sign, signboard, billboard, or advertising
device existing at the time of the passing of this chapter that does
not conform in use, location, height, or size, with the regulations
of this chapter shall be considered a nonconforming sign.
E.
Temporary nonconforming use.
(1)
A temporary nonconforming use, which will benefit the public health
or welfare or promote proper development of a district in conformity
with the intent of this chapter, may be permitted for a period of
not more than 30 days on the approval of an application for a special
exception by the Zoning Hearing Board, but any such use to be permitted
for a longer period shall require a public hearing thereon, after
which a Zoning Hearing Board approval may be granted for period not
to exceed one year.
(2)
A building permit and/or use and occupancy permit shall be required
for any structure associated with such a temporary use, in accordance
with the standards and regulations for permanent structures and uses.
The following regulations shall govern all properties to which
nonconforming status is applied:
A.
Nonconforming status shall continue and a property may continue to
be used as nonconforming until it complies with the requirements of
this chapter.
C.
Discontinuance. A nonconforming use, when discontinued, may be resumed
any time within one year from such discontinuance, but not thereafter.
The resumption may be of the same class or use, but shall not be of
a lower (less restrictive) classification.
D.
Extension or expansion. A nonconforming use, building, or structure,
not including signs, may be extended or expanded in compliance with
the following:
(1)
The parcel on which extension or expansion occurs shall include only
that lot, held in single and separate ownership, on which the use,
building, or structure existed at the time it became nonconforming.
Expansion onto adjoining lots is prohibited.
(2)
Nonconforming use of a building may be extended throughout the building.
(3)
A building which houses a nonconforming use may be expanded by no
more than 25% of its gross floor area at the time it became nonconforming.
(4)
A nonconforming building may be expanded by no more than 25% of its
gross floor area at the time it became nonconforming.
(5)
A nonconforming use of land may be expanded by no more than 10% of
the gross lot area at the time it became nonconforming.
(6)
Extension and/or expansion as permitted in Subsection D(1), (2), (3), (4) and (5), above, shall be permitted only to the extent that expansion and all new construction shall comply with the dimensional standards of the district in which the lot is located and, in the case of new construction, that the total building coverage does not exceed that permitted in the district in which the building is located.
E.
Additional building regulations. The following regulations apply
to buildings:
(1)
Buildings which are under construction at the time they become nonconforming
may be continued to completion, provided that valid building permits
have been issued for those buildings and substantial construction
has begun. If the building was intended for a use which has become
nonconforming after construction of the building had begun, the building
may be occupied and used for that legal use intended at the time the
building permit was issued or for a use which is otherwise in conformance
with the regulations for the zoning district in which the building
is located.
(2)
Buildings not yet under construction shall be built and used in conformance
to this chapter.
(3)
Nonconforming primary structures damaged or destroyed by fire, explosion,
accident or calamity (as contrasted to deterioration due to time or
neglect) may be reconstructed and used as before, provided that:
(a)
The reconstructed building shall not exceed the dimensions of
the damaged or destroyed building, including height, width, depth,
volume.
(b)
Building reconstruction shall be started within one year from
the date the building was damaged or destroyed and shall be carried
out without interruption.
(c)
The building will pose no hazards to safety by virtue of its
location.
(4)
Legally condemned nonconforming buildings shall not be rebuilt or
used except in conformance with this chapter.
F.
Development of nonconforming lots. A single-family detached dwelling
unit may be constructed on a nonconforming lot in a residential district
in accordance with the dimensional requirements of the district. Relief
from dimensional requirements which present a hardship may be sought
through the Zoning Hearing Board variance procedure.
G.
Contiguous undeveloped lots. Where two or more contiguous undeveloped
lots are held in single ownership, within a subdivision which has
been duly recorded prior to the effective date of this chapter, which
lots are individually not of the required minimum area or width for
the district in which they are situated, such lots shall be developed
in groups thereof in order to provide the minimum lot area and frontage
required for each structure.
H.
Exception. A nonconforming lot of record which is part of a subdivision
plan approved by the Board of Supervisors as recorded in the office
of Recorder of Deeds as such, and which is in compliance with the
zoning regulations in effect immediately prior to the date of enactment
of this chapter, may be developed in accordance with the terms of
such approval and preceding zoning regulations.
I.
Signs. A nonconforming sign may continue in its current use and location,
provided it is maintained in safe and good repair.
A.
Registration. The Building Code Official shall prepare a list and
map of properties of nonconforming status, including uses, buildings,
structures, lots and signs. For each property identified, the Building
Code Official shall have on file a written record documenting the
evidence and reasoning that led to the assignment of nonconforming
status.
B.
Jurisdiction. In all matters pertaining to nonconforming status,
the Building Code Official shall make the initial determination.
(1)
The Building Code Official may seek the advice of the Township Planning
Commission, Township Solicitor, and/or others in making a determination.
(2)
If it cannot be determined by means of positive documentation that
a use or structure was in lawful existence at the time an ordinance
or amendment would have rendered it nonconforming, the Building Code
Official must refuse to confer nonconforming status.
(3)
If the applicant disagrees with the Building Code Official's determination,
the applicant may appeal to the Zoning Hearing Board as provided by
law.
