All lawful uses of land or of a building, sign or other structure
existing on the effective date of this Chapter may be continued, altered,
restored, reconstructed, changed, sold or maintained even though such
use may not conform to the use, height, area, yard and other regulations
of the district in which it is located, provided such nonconforming
conditions shall comply with the following requirements.
[Amended 10/12/2006 by Ord. 06-19]
1.
Continuation. Any nonconforming structure existing on the effective
date of this Chapter or created by an amendment to this Chapter may
continue although such structure does not conform to the dimensional
requirements of this Chapter.
2.
Restoration. A nonconforming structure, which has been damaged or
destroyed by fire, explosion, windstorm, or other natural or criminal
acts, shall meet the following restoration requirements.
A.
A nonconforming structure with damage may be reconstructed providing
the structure is restored to meet the following requirements.
(1)
The restored structure shall not exceed the height, area, and
volume of the original damaged structure.
(2)
The restoration of the structure shall commence within one year
from the date the structure was damaged and shall be continue uninterrupted,
otherwise the nonconforming structure status shall be void.
B.
All nonconforming signs and billboards, and similar structures, when
discontinued for a period of six months or damaged to an extent of
60% or more of replacement costs, shall not be continued, repaired,
or reconstructed.
3.
Demolition. In the event any nonconforming building is destroyed
or partially destroyed and the owner has determined reconstruction/restoration
infeasible, the owner will be responsible for the complete removal
of the structure and debris as well as the filling of any excavated
areas.
4.
Expansion or Alteration. The following requirements shall apply to
the expansion or alteration of nonconforming structures or buildings.
[Amended by Ord. No. 19-02, 4/11/2019]
A.
The lot on which the expansion or alteration is proposed shall be
limited to only that lot on which the building or structure existed
at the time it became nonconforming. Expansion onto adjoining lots
is prohibited.
B.
A nonconforming building or structure may be extended or expanded
on the same lot, provided that the extension or alteration shall:
C.
The applicant shall furnish conclusive evidence as to the extent
of the nonconformity when it was created. The above maximum increase
shall be measured in aggregate over the entire life of the nonconformity.
D.
Extension Along a Nonconforming Setback. If an existing building
has a lawfully nonconforming building setback, additions may occur
to increase the height above such setback or to extend other portions
of the building out to the nonconforming side or rear setback line,
provided that:
(1)
The structure shall not be extended beyond the existing nonconforming
setback line.
(2)
No additional nonconformity shall be created.
(3)
The new nonconforming extension shall not be greater than 25%
of the existing floor area.
(4)
All other requirements of this chapter, including but not limited
to provisions regarding height restrictions, shall be met.
(5)
Such addition shall not be permitted for a nonresidential building
that abuts an existing primarily residential use.
F.
Provision for vehicular access, off-street parking and off-street
loading shall be consistent with standards required by this chapter.
G.
The proposed alteration will not cause an increased detrimental effect
on the surrounding neighborhood.
H.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings, and open spaces.
I.
No expansion of a nonconforming structure or a nonconforming building located outside of a structure existing on the effective date of this chapter shall be permitted in any floodplain area except in accordance with Chapter 8, Floodplains.
J.
Excluding expansion, any modification, alteration, repair, reconstruction
or improvement of any kind to a nonconforming building or structure
located in the floodplain area shall be permitted when either elevated
above the base flood elevation or floodproofed. In no case shall any
modification, alteration, repair, reconstruction or improvement cause
unacceptable increases in flood height, velocities or frequencies.
1.
Continuation. Any nonconforming lot, due to its lot area or lot width,
existing as of the effective date of this Chapter or created by an
amendment to this Chapter may be continued although such lot does
not conform to the lot requirements for the district in which it is
located.
2.
Development. The following requirements apply to the development
and use of the nonconforming lot.
A.
All the requirements of this Chapter shall be met with the exception
of lot area and lot width. Furthermore, no lot shall be developed
unless the following requirements are met.
(1)
Each lot shall have an approved on-lot water and wastewater
system or access to public water and public sewer. Additionally, for
those lots utilizing on-lot water the minimum required isolation distance
between the well and the on-lot wastewater system shall be provided.
(2)
In residential districts, only one single family dwelling may
be erected and the following minimum side yards shall be provided.
(a)
Interior lots with a width of 50 feet or more, two side yards
shall be provided as required by the district regulations.
(b)
Corner lots with a width of 50 feet or more, two front yards
shall be provided. The front yard opposite the interior side yard
may be reduced by the number of feet the lot width is less than the
district required, but may not be reduced to less than the minimum
side yard. The side yard shall be provided as required by the district
regulations.
(c)
On lots less that 50 but not less than 50 feet but not less
than 27 feet in width, two side yards shall be provided, each equaling
20% of the lot width.
(3)
On a lot in a commercial or industrial district, the required
side yards shall be determined by the Zoning Hearing Board upon application
for a variance based on the same criteria as above for residential
structures.
B.
Where possible, contiguous parcels under common ownership shall be
replatted to create conforming lots.
1.
Continuation.
A.
Any nonconforming use existing on the effective date of this Chapter
or created by an amendment to this Chapter may be continued although
such use does not conform to the provisions of this Chapter. Change
in ownership or possession of the use or property shall not prevent
the continuance of the nonconforming use.
B.
Any planned residential developments or portions thereof that were
approved or completed prior to December 31, 1988, shall continue to
operate under the ordinance in effect when they were approved.
2.
Expansion or Alteration. Any nonconforming use may be expanded or altered only through the obtainment of a special exception from the Zoning Hearing Board and subject to the following criteria, and those contained in Part 2 of this chapter.
[Amended by Ord. No. 19-02, 4/11/2019]
A.
The lot on which the expansion or alteration of a nonconforming use
is proposed shall be limited to only that lot on which the use existed
at the time it became nonconforming. Expansion onto adjoining lots
is prohibited. Any portion of the parent lot with a nonconforming
use on part of the lot which is subdivided after April 16, 2019, and
to which subdivided lot the nonconforming use has not been extended
before subdivision shall, after subdivision, be used only in conformity
with all the provisions of this chapter.
B.
The total of all such expansions or alterations of use shall not
exceed an additional 25% of the actual area of those buildings or
structures or portion of the land devoted to and actually used by
the nonconforming use, whichever is more restrictive, as they existed
on the date such use first became nonconforming. All expansions of
the nonconforming use and/or building(s) that occurred since the use
originally became nonconforming shall count toward the above maximum
increase.
C.
The nonconforming use of a building may be expanded within the building,
provided that the expansion is limited to 25% of the gross floor area
occupied by the nonconforming use at the time the use became nonconforming.
D.
The applicant shall furnish conclusive evidence as to the extent
of the nonconformity and lawfulness in all respects when it was created.
E.
Provision for vehicular access, off-street parking and off-street
loading shall be consistent with standards required by this chapter.
F.
Provision for yards, building height and building area shall be consistent
with the standards required for permitted uses in the district in
which the nonconformity in question is located.
G.
Appearance of expansions should be harmonious with surrounding properties;
this feature includes, but is not limited to, landscaping, enclosure
of principal and accessory uses, height control, sign control, architectural
control and maintenance of all improvements and open spaces.
H.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings, and open spaces.
3.
Change of Use. The following regulations shall apply to the change
of nonconforming uses.
A.
A nonconforming use changed to a conforming use shall not be permitted
to be changed back to a nonconforming use.
B.
A nonconforming use shall be permitted to be changed to another nonconforming use upon application to the Zoning Hearing Board for a special exception and in accordance with Part 26 of this Chapter and the following standards.
(1)
The applicant shall show the nonconforming use cannot be changed
reasonably to a permitted use.
(2)
The applicant shall demonstrate the change will be less objectionable
in external effects than the existing nonconforming use including,
but not limited to:
(3)
The applicant shall demonstrate the change will meet other requirements
of this Chapter, including parking and loading, buffering, and signage.
4.
Abandonment, Discontinuance and Delinquency.
A.
The ceasing of a nonconforming use in a building or structure for
a continuous period of one year or more shall be considered the abandonment
of the nonconforming use. Subsequent use of such building or structure
shall be in conformity with the provisions of this Chapter.
B.
The ceasing of a nonconforming use of land for a period of six months
shall be considered the abandonment of the nonconforming use with
the exception of normal farming practices, such as, the rotation of
crops. Subsequent use of such land shall be in conformity with the
provisions of this Chapter.
C.
In the case of the death of the property owner and/or settling of
an estate the discontinuance of the nonconforming use shall not be
considered an abandonment of the use in accordance with Section (D)(1)
and (2) above until the estate is settled or a court order has been
entered regarding the estate's disposition. A one-year grace period
after such settlement or court order shall apply.
D.
A nonconforming use shall be deemed abandoned in the event the Township
or County acquires an unredeemed, tax delinquent property and sells
said property. Subsequent use of the land shall be in conformity with
the provisions of this Chapter.
1.
It shall be the right of the property owner to provide evidence of
the nonconformance. At the request of the property owner and based
on evidence provided to the Zoning Officer as authorized by the Board
of Commissioners, the zoning officer shall issue a Certificate of
Nonconformance which shall be for the purpose of insuring to the owner
the right to continue a nonconforming building or use. If no documented
evidence is produced, it shall be assumed that the nonconformance
is not a preexisting condition.
2.
The Certificate of Nonconformance shall set forth in detail all of
the nonconforming conditions of said property.
3.
The Township shall retain a copy of the Certificate of Nonconformance.
