[Ord. 11/25/2003, § 1700; as amended by Ord. 2012-142,
6/7/2012, § I]
1.
Continuation. The use of any lot, building, or structure that is
existing and lawful at the time of the enactment of this chapter or,
in the case of any amendment to this chapter, at the time of such
an amendment, may be continued except as hereinafter provided, although
such use does not conform to the provisions of this chapter or subsequent
amendments.
2.
Enlargement.
A.
A structure that does not conform with development standards and/or
other requirements of the zoning district in which the structure is
located and/or any other provisions of this chapter, may be enlarged
only if the enlargement meets all of the development standards set
forth in this chapter for the district in which the use is a permitted
use, including but not limited to, front yard, rear yard, side yard,
lot area, parking, buffers, and height of buildings.
B.
A use that does not conform to the permitted use regulations of the
district in which it is located may be enlarged when authorized as
a special exception by the Zoning Hearing Board, provided that:
(1)
The proposed enlargement shall take place only upon the lot
or contiguous lots held in the same ownership as that existing at
the time the use became nonconforming. Authorization to enlarge the
nonconforming use, as described in this section, shall not be construed
to mean that a new use or uses may be established. A nonconforming
use shall be prohibited from encroaching on another parcel of land
subsequently added to the original parcel.
(2)
The proposed enlargement shall conform to the applicable development
standards, buffer requirements, and parking requirements, as well
as all other requirements of the district in which the enlargement
is located or the district in which the use is a permitted use, whichever
shall be more stringent.
(3)
Buffers shall be provided along property lines in accordance
with Part 12, irrespective of whether adjoining tracts are across
district boundary lines or within the same district as the subject
tract.
(4)
Any increase in building or floor area as it exists shall not
exceed 35% of the total building area or gross floor area of the entire
structure regardless of use, whichever is less, that was existing
at the time that the use became nonconforming under this or any previous
ordinance and, in any event, shall be permitted only by special exception
under the provisions of this chapter. Structures or land uses that
have reached their maximum expansion allowance under previous ordinances
are not eligible for any increase in building or floor area under
this chapter. A structure that is nonconforming in terms of height
shall not be enlarged so as to increase its height.
C.
Where a nonconforming structure or use is enlarged no structure shall
be erected in the buffer area as provided in Part 12, "Buffers."
D.
Single-family detached residential uses in MX Mixed-Use Districts
and OS Open Space Districts may be enlarged by right, provided that:
(1)
The proposed enlargement shall take place only upon the lot
or contiguous lots held in the same ownership as that existing at
the time the use became nonconforming. Authorization to enlarge the
nonconforming use, as described in this section, shall not be construed
to mean that a new use or uses may be established. A nonconforming
use shall be prohibited from encroaching on another parcel of land
subsequently added to the original parcel.
(2)
The proposed enlargement shall conform to the applicable development
standards of the R Residential District.
(3)
Any increase in building or floor area shall not exceed 25%
of the building area or gross floor area, whichever is less, that
was existing at the time that the use became nonconforming under this
or any previous Ordinance. Structures or land uses that have reached
their maximum expansion allowance under previous Ordinances are not
eligible for any increase in building or floor area under this chapter.
A structure that is nonconforming in terms of height shall not be
enlarged so as to increase its height.
3.
Restoration. A nonconforming building, or any building containing
a non-conforming use, that is destroyed or damaged by casualty may
be rebuilt as long as a Township permit to rebuild or repair the building
is obtained within one year of the loss. Otherwise, a nonconforming
building, or any building containing a non-conforming use shall not
be repaired or rebuilt, except in conformity with the regulations
of this chapter. No building that has been razed shall be rebuilt,
except in conformity with the regulations of this chapter.
4.
Abandonment. If any nonconforming use of a building or land is abandoned
for a continuous period of one year or more, subsequent use of such
a building or land shall be in conformity with the provisions of this
chapter. For the purpose of this chapter, abandonment shall be presumed
to commence when the nonconforming use ceases.
5.
Use Changes. Once changed to a conforming use, no building, structure,
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another nonconforming use only if all of the
following conditions are met:
A.
Such change shall be permitted only as a special exception.
B.
The applicant shall show that the nonconforming use cannot reasonably
be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use, with respect
to:
