Subject to the provisions of this section, a use of building
or land existing at the time of the legal adoption of the Chapter
may be continued even though such use does not conform to the provisions
of this Chapter for the district in which it is located.
A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such 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 furnishing of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within 90 days, unless other facts show intention
to resume the nonconforming use.
C. When a nonconforming use has been discontinued for a period of six
months.
D. When it has been replaced by a conforming use.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.
A nonconforming building or structure may be altered, improved,
or reconstructed provided such work does not exceed the fair market
value of the building or structure or provided the building or structure
is changed to a conforming use.
No nonconforming building, structure or use shall be changed
to another nonconforming use. Conversion of nonconforming buildings
and structures into residential uses shall be permitted in residential
districts as a special exception as granted by the Zoning Hearing
Board under the following requirements:
A. The minimum yard and area requirements are in accordance with the
district in which said conversion is located.
B. There shall be a maximum of four living units per converted nonconforming
building or structure.
C. Each living unit contains a minimum of not less than 1,000 square
feet of habitable living area.
D. Each living unit contains not less than one bathroom and three habitable
rooms, at least one of which shall be a bedroom.
E. Separate and private sanitary facilities, cooking and dining accommodations
are provided for each living unit.
F. Fire and safety provisions are certified to be adequate by the Chief
of the Township Fire Department.
G. A minimum of two off-street parking spaces are provided for each
residential unit.
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure for which
a zoning permit has been issued or the construction of which shall
have been diligently prosecuted within two months of the date of such
permit, and the ground-story framework of which shall have been completed
within four 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 legal enactment 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 difference
classification, the foregoing provisions shall apply to any nonconforming
uses existing therein.
All nonconforming uses existing at the time of the legal enactment
of this Chapter shall be recorded and maintained for public use in
the office of the Zoning Officer.
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 subsequent to the
date of legal enactment of this Chapter wherein the expense of such
work does not exceed 100% of the fair market value of the building
or structure at the time such damage occurred and reconstruction of
the destroyed or damaged buildings is initiated within one year of
the date of damage.
Nothing in this Chapter shall be interpreted as authorization
for or approval of the continuance of the illegal use of a structure
or premises in violation of Township regulations in existence at the
time of the effective date of legal enactment of this Chapter.
Nothing in this Chapter shall prevent the strengthening or restoring
to a safe condition any portion of a building or structure declared
unsafe by a proper authority.