[Ord. 1996-1, 1/23/1996, § 1300]
An application for a certificate of nonconformance may be made
to the Township by the owner of any property which, at the time of
the effective date of this chapter, does not conform to the provisions
of this chapter. Such application shall be made within 90 days after
the effective date of this chapter. The certificate of nonconformance
shall set forth in detail all of the nonconforming conditions of said
property. This certificate shall be for the purpose of insuring to
such owner the right to continue a nonconforming use. A copy of the
certificate of nonconformance shall be retained by the Township.
[Ord. 1996-1, 1/23/1996, § 1301]
1. Except as otherwise provided in this part, the lawful use of land,
buildings or structures existing at the effective date of this chapter
may be continued, although such use, building or structure does not
conform to the regulations specified by this chapter for the district
in which such land, building, or structure is located, subject to
the following:
A. Structural alterations of a building or structure, or the use of
a parcel, lot, or tract of land that does not conform to the provisions
of this chapter at the date of its enactment shall be allowed only
if the building or structure to be altered or the parcel, lot, or
tract of land to be used is in conformance with the requirements of
the zoning district in which it is located.
B. Upon the grant of a special exception by the Zoning Hearing Board,
the use of a building, structure, or land that is not in conformance
with the provisions of this chapter may be altered or extended, providing
that the alteration or extension is restricted to an additional area
not exceeding 35% of the existing nonconforming building or structure,
if the nonconforming use is contained in a building structure or not
exceeding percent 35% of the area actually devoted to the nonconforming
use, if the nonconforming use is not contained in a building or structure.
C. Any such approved expansion or alteration of a nonconforming use
shall conform to the remaining requirements of the zoning district
in which it is located.
[Ord. 1996-1, 1/23/1996, § 1302]
A nonconforming use shall be adjudged as abandoned when there
occurs a cessation of any such use or activity by an apparent act
or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Such use shall not thereafter be reinstated and the
structure shall not be reoccupied except in conformance with this
chapter.
[Ord. 1996-1, 1/23/1996, § 1303; as amended by
Ord. 2004-05, 7/13/2004]
1. If any nonconforming building shall be destroyed by reason of windstorm,
fire, explosion or other act of God or the public enemy to an extent
of more than 50% of its fair market value at the time of casualty,
or a nonconforming building has been legally condemned, then such
destruction shall be deemed complete destruction and the structure
may not be rebuilt, restored, repaired or used except in conformity
with the regulations of this chapter.
2. Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition any wall, floor or roof which has been declared
unsafe.
3. The regulations of this section shall not apply to barns or other
outbuildings on lots of five acres or more, providing that the new
construction complies with the applicable regulations or this chapter.
4. The regulations of this section do not apply to residences or to
buildings recognized as historical sites or landmarks.
5. A nonconforming residential building that may have been destroyed
by reason of windstorm, fire, explosion or other act of God or the
public enemy to an extent of more than 50% of its fair market value
at the time of casualty, may be reconstructed and used for the nonconforming
residential use provided that:
A. The reconstructed residential building shall not exceed the height,
area and volume of the building destroyed.
(1)
A special exception may be obtained for the expansion or enlargement
of the reconstructed residential building per this Part.
B. The reconstructed residential building shall not encroach into any
setback any additional (greater) distance than the original residential
structure.
C. The building footprint of the nonconforming residential building
prior to the destruction shall establish the building line (setback)
for the reconstructed residential building.
D. Building reconstruction shall be started within one year from the
date the structure was destroyed and shall be carried on without interruption.
(1)
During the period of time from the destruction of the nonconforming
residential building until an occupancy certificate is received from
the Township, the structure must be secured from any and all unauthorized
entry.
6. The application of this section dealing with the reconstruction of
residential nonconformities does not apply to any nonconforming structure
for which the nonconformity is related to the structures' location
in any floodplain area.
7. Any nonconforming building (residential or nonresidential) that may
have collapsed due to deterioration because of time and/or neglect
shall not be rebuilt, restored, repaired or used except in conformity
with the regulations of this chapter.
[Ord. 1996-1, 1/23/1996, § 1304]
No nonconforming use shall, if once changed into a conforming,
be changed back again into a nonconforming use.
[Ord. 1996-1, 1/23/1996, § 1305]
1. The Board may authorize as a special exception the following types
of extensions and enlargements for nonconforming uses and buildings
existing on the effective date of this chapter.
A. The extension of a nonconforming use of land upon a lot occupied
by such use.
B. The extension or enlargement of a conforming building occupied by
a nonconforming use.
C. The extension or enlargement of a nonconforming building occupied
by a nonconforming use.
D. The extension or enlargement of a nonconforming building occupied
by a conforming use.
[Ord. 1996-1, 1/23/1996, § 1306]
1. A nonconforming use may be changed to another nonconforming use of
the same or more restricted classification if authorized by special
exception granted by the Zoning Hearing Board. The order of classification
with the most restricted first and least restricted last is as follows:
B. RL-Low Density Residential District.
C. RM-Medium Density Residential District.
D. RH-High Density Residential District.
E. O-Office District; C-Commercial District.
2. Whenever a nonconforming use has been changed to a more restricted
classification, such use shall not thereafter be changed to a use
of less restricted classification.
3. Before granting a special exception for the replacement of one nonconforming
use by another, the Zoning Hearing Board must determine that the proposed
nonconforming use will have no more adverse effect upon adjacent property
than the existing nonconforming use. In making this determination,
the Board should consider particularly the effect upon adjacent property
of the following:
B. Extent and appearance of structures.
C. Traffic generation and movement.
E. Emission of noise, odors, fumes, glare, vibration, smoke, vapors,
gases, wastes or storm water run-off.
F. Fire, explosion or other hazards.
[Ord. 1996-1, 1/23/1996, § 1307]
A nonconforming building may be altered or improved provided
that the alteration or improvement does not amount to a substantial
increase of nonconforming use; but if such alterations or improvements
involve any increase in lands so used or in the cubic content of the
buildings so used, the permit for the alteration or improvement shall
be issued only upon special exception granted in accordance with law.
[Ord. 1996-1, 1/23/1996, § 1308]
Nothing herein contained shall require any change in plans,
construction or designated uses of a building for which building permit
heretofore issued and the construction of which shall have been diligently
prosecuted within three months of the date of such permit and ground
story framework of which, including the second tier of beams, shall
have been completed within six months of the date of the permit and
which entire building shall be completed according to such plans as
filed within one year from the date of this chapter.
[Ord. 1996-1, 1/23/1996, § 1309]
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 also apply to any nonconforming
uses existing therein or created thereby.
[Ord. 1996-1, 1/23/1996, § 1310]
Notwithstanding any of the above regulations, nothing in this
Part shall be deemed to prevent normal maintenance and repair of any
use or building or the carrying out upon the issuance of a building
permit of major structural alterations or demolitions in the interest
of public safety. In granting such a building permit, the Township
shall state the precise reason such alterations were deemed necessary.
[Ord. 1996-1, 1/23/1996, § 1311]
1. In any district where single family dwellings are permitted, a single
family dwelling may be located on any lot or plot of official record
as of the effective date of this chapter irrespective of the lot area
and/or lot width so long as public sewer is utilized to serve the
dwelling and all other provisions of the district are met.
2. All other uses, or any single family dwelling on a lot not served
by sanitary sewer may be established only when authorized by obtaining
a special exception from the Zoning Hearing Board.