Subject to the provisions of this article, a use of building
or land existing at the time of the enactment of this chapter may
be continued even though such use does not conform to the provisions
of these regulations for the district in which it is located.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a nonconforming building or
structure declared unsafe by a proper authority.
A nonconforming building or structure may be altered, improved
or reconstructed. Said alteration, improvement or reconstruction shall
be permitted only if it is a normal, natural or consistent growth
of the same character as that of the use existing at the time of passage
of this chapter.
Nothing in this chapter shall prevent the reconstruction, repairing,
rebuilding and continued use of any nonconforming building or structure
damaged by fire, collapse, explosion or act of God, provided reconstruction
or repair is commenced within one year from the date of occurrence
of the damage.
No nonconforming building, structure, or use shall be changed
to another nonconforming use, except that a nonconforming building,
structure, or use may be changed to another nonconforming use of equal
or more restricted classification as a variance, after public hearing,
subject to the standards imposed by the Zoning Hearing Board to reasonably
assure that the changes will not adversely affect the public interest.
A nonconforming use of a building or land that has been abandoned
or discontinued shall not thereafter be returned to a nonconforming
use. A nonconforming use shall be considered abandoned as follows:
A. When the intent of the owner to discontinue the use is apparent.
B. When the characteristic equipment and furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within 90 days, unless other facts or circumstances
show a clear intention to resume the nonconforming use.
C. When a nonconforming use has been discontinued for a period of 12
months or for 18 months during any three-year period.
D. When it has been replaced by a conforming use.
E. When it has been changed to another use under permit from the Zoning
Hearing Board.
Nothing in this chapter shall be interpreted as authorization
for, or approval of, the continuance of the use of a structure or
premises in violation of zoning regulations in effect at the time
of the effective date of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the foregoing provisions shall apply to any nonconforming
use conditions created therein.
[Added 7-16-1999 by Ord. No. 159]
A. The Zoning Officer of the Township shall maintain, within the Township
records, a list of all nonconforming uses, structures, and lots, as
same are defined in this article.
B. In addition to registration of nonconforming uses by the Zoning Officer,
application for registration of nonconforming uses, structures, and
lots may be made to the Township by individual property owners or
holders of such nonconforming uses, structures, or lots.
C. Upon application for registration of a nonconforming use, structure,
or lot, the Zoning Officer shall identify the reasons upon which such
application should be granted or denied, and, if determined appropriate,
the Zoning Officer shall register said nonconforming uses, structures,
or lots within the Township records as nonconformities.
D. Determinations made by the Zoning Officer with respect to the nonconformity
of individual uses, structures, or lots shall be appealable to the
Zoning Hearing Board in accordance with the provisions of this chapter.