[Ord. 147, 8/11/2008, § 1900; as amended by Ord.
166, 4/12/2010, § I]
1.
A nonconforming use shall have the same meaning as defined under § 27-202 of this chapter.
A.
Continuation. Any lawful nonconforming use of land, buildings, or
structures, or parts thereof, may continue as it existed prior to
the effective date of this chapter or the amendment thereto by which
such use became a nonconforming use, provided, however, that any such
use shall otherwise be and remain in compliance with any other applicable
laws and regulations.
B.
Discontinuance. Whenever a nonconforming use, in or on the land,
or within a building or structure or portion thereof, has been discontinued
for a continuous period of more than one year, such discontinuance
shall be deemed to be an abandonment of such nonconforming use and
any subsequent use thereof shall conform to the applicable provisions
of this chapter or its amendments and the prior nonconforming use
shall not thereafter be resumed, unless in accordance with the applicable
provisions of this chapter or its amendments.
C.
Change of Nonconforming Use to Conforming. Whenever any nonconforming
use shall have been changed or altered so as to conform to the provisions
of this chapter or its amendments, then such nonconforming use shall
no longer be nonconforming to the extent to which it then conforms
to this chapter or its amendments, and the prior nonconforming use
shall not thereafter be resumed. Provided, however, that if a later
amendment to this chapter should make the use as so changed or altered
nonconforming with its provisions, then such use as changed or altered
shall become a new nonconforming use to the extent of such nonconformance
or noncompliance.
D.
Expansion or Extension of Nonconforming Nonresidential Use by Variance.
(1)
No nonconforming nonresidential use may be extended or expanded
in any building or structure, or in or on the lot on which it is located,
nor may any nonconforming nonresidential use be moved to a different
position upon the lot on which it is located, so as to alter the use
or its location which existed at the time that the use became nonconforming.
Any person desiring to make any such change or alteration of a nonconforming
nonresidential use shall apply for a variance from the provisions
of this chapter in accordance with applicable laws and ordinances
and any such change or alteration in use shall be made only after
authorization by the Zoning Hearing Board and in accordance with such
reasonable conditions and safeguards as may be imposed by the Zoning
Hearing Board. Provided that no variance may be applied for or obtained
under this section which would displace any residential use if the
building, structure or lot is located in a residential district.
(2)
A variance may not be granted under this section which would
extend a nonconforming nonresidential use beyond the area of a lot
which was in existence at the time such use became nonconforming.
However, a variance may be granted to increase the area of a lot covered
by such nonconforming nonresidential use if the Zoning Hearing Board
shall make a finding that such expansion was within the contemplation
of the owner of the lot at the time the use became nonconforming,
in addition to the other findings necessary for the granting of a
variance. Such expansion or extension shall not exceed 50% of the
original building footprint occupied by the nonconforming nonresidential
use.
E.
Expansion or Extension of Nonconforming Residential Use. Except as
otherwise provided in this section, a nonconforming residential use
may be enlarged, increased and/or extended in order to occupy a greater
area of land than was occupied by such use on the effective date of
this section or on the effective date of a subsequent amendment hereto,
provided that the area of land occupied by such expansion, increase
and/or extension shall not exceed 50% of the original building footprint
occupied by the nonconforming residential use on the effective date
of this section or the effective date of a subsequent amendment hereto.
For purposes of the foregoing, the effective date of this section
shall apply where the nonconforming residential use existed as a lawful
nonconforming residential use on such date and the effective date
of a subsequent amendment to this section shall apply where the nonconforming
residential use first became a lawful nonconforming residential use
as a result of the enactment of the amendment.
[Ord. 147, 8/11/2008, § 1901; as amended by Ord.
166, 4/12/2010, §§ II, III]
1.
A nonconforming structure or building shall have the same meaning as defined under § 27-202 of this chapter, provided that, for the purposes of this section, a nonconforming structure or building shall not include a nonconforming sign which is specifically governed under § 27-1903 of this chapter.
A.
Continuation. Any lawful nonconforming building or structure may
remain as it existed prior to the effective date of this chapter or
any amendment thereto by which such building or structure became nonconforming,
provided, however, that any such building or structure shall otherwise
be and remain in compliance with any other applicable laws or regulations.
B.
Nonconforming Building or Structure Changed to Become Conforming.
Whenever any nonconforming building or structure shall have been changed
or altered to conform to the provisions of this chapter or its amendments
in effect at the time of such change or alteration, or whenever any
amendment to this chapter shall make such building or structure conforming
with the provisions of this chapter or its amendments, then thereafter
such building shall remain in conformance with the applicable provisions
of this chapter or its amendments. Provided, however, that if a later
amendment to this chapter should make the building or structure, as
so changed or altered, nonconforming with its provisions, then the
building or structure as so changed and altered will become a nonconforming
building or structure to the extent of such nonconformance or noncompliance.
C.
Expansion or Extension of Nonconforming Nonresidential Buildings
or Structures by Variance. Where a nonresidential building or structure
is nonconforming, the nonconformity may not be expanded, extended
or increased in size in any manner except pursuant to authorization
for a variance obtained from the Zoning Hearing Board, provided that:
[Amended by Ord. 209, 12/12/2016]
(1)
Such alteration, reconstruction, extension or enlargement shall
be only upon the same lot as in existence at the date the use(s) became
nonconforming; and
(2)
Such nonconforming use, or the building or structure in which
it is conducted, shall not be enlarged more than 50% greater than
the original building footprint occupied by such use at the time said
use became nonconforming under the provisions of this chapter or any
amendments thereto.
D.
Repairs, Renovation and Modernization of Nonconforming Building and
Structure. Repairs, renovation and modernization of nonconforming
buildings or structures such as renewal or replacement of outer surfaces,
or windows, or addition of soundproofing or fire proofing materials,
air conditioning and repair or replacement of structural parts or
members of the building or structure, shall be permitted notwithstanding
other provisions of this chapter. Provided, that such repairs, renovations
or modernization do not change or alter substantially the physical
configuration of the nonconforming building or structure, or change
its position on the ground; and, provided further that no increase
in the size of or area covered by the said nonconforming building
or structure nor any extension or expansion of the nonconforming use
or area of such use within the building or structure, in or on the
lot, where such nonconforming use is located shall be permitted or
authorized by this section. Provided further that areas of nonconforming
use within a building or structure may be rearranged in connection
with such repairs, renovation or modernization if there is not thereby
an enlargement or expansion of the nonconforming use within said building
or structure.
E.
Reconstruction of Nonconforming Building or Structure. In the event that any nonconforming building or structure is destroyed or partially destroyed by fire, explosion or other cause, such nonconforming building structure may be reconstructed and the nonconforming use thereof continued if such reconstruction is commenced within six months of the date of the destruction or damage thereto and is pursued diligently to completion. Provided, however, that in such reconstruction the said building or structure destroyed or damaged shall not exceed the size of the nonconforming building or structure destroyed or damaged and, shall be placed in the same location on the ground as the nonconforming building or structure destroyed or damaged and, the nonconforming use thereof shall not differ from that existing prior to such damage or destruction unless a variance is applied for and obtained under this chapter, except that the repair, renovation or modernization of such nonconforming building or structure authorized by Subsection 1D of this Part shall nevertheless be permitted. Any such reconstruction shall be subject to and in accordance with existing Building [Chapter 5, Part 1, § 5-101], Electrical [Chapter 5, Part 1, § 5-105], Fire and Plumbing [Chapter 5, Part 1, § 5-102] Codes, safety regulations or laws. If reconstruction does not commence within six months after the occurrence of the damage or destruction, or is not thereafter diligently completed, then any further use, buildings or structures on the lot shall be in conformity with the provisions of this chapter.
F.
Expansion or Extension of Nonconforming Residential Buildings or
Structures.
(1)
Except as provided by Subsection 1F(2), a nonconforming residential
building or structure shall not be enlarged, increased, repaired,
maintained or modified in any manner which will further violate any
applicable area, yard and/or height regulation imposed by this chapter.
(2)
A principal residential building or structure which is lawfully
nonconforming as to a yard requirement may have repairs, improvements,
modifications and/or additions made to those portions of the structure
or building within an area of the required yard, as to which the structure
or building is lawfully nonconforming, subject to and in accordance
with all of the following:
(a)
The repair, improvement, modification, and/or addition to the
nonconforming principal residential building or structure shall not
cause the building or structure to be located closer to the lot line,
from which the required yard is determined, than the nearest point
of the building or structure as lawfully existed when the building
or structure first became lawfully nonconforming as to the required
yard.
(b)
The repair, improvement, modification, and/or addition to the
nonconforming principal residential building or structure shall not
cause an increase in the ground floor area of the building or structure
of more than 40% over the ground floor area of the building or structure
as lawfully existed when the building or structure first became lawfully
nonconforming as to the required yard.
[Ord. 147, 8/11/2008, § 1902]
[Ord. 147, 8/11/2008, § 1903]
1.
The Zoning Officer shall identify and register nonconforming uses,
nonconforming structures or buildings, and nonconforming lots, together
with the reason why such uses, structures or buildings, and lots are
nonconforming. Upon application, the Zoning Officer if he so determines
shall issue certificates of nonconformity for such nonconforming uses,
nonconforming structures or buildings, and nonconforming lots.
2.
The Zoning Officer shall establish and make available at the Township
office a form which shall require such information, as the Zoning
Officer may deem necessary, to identify and register nonconforming
uses, nonconforming structures or buildings, and nonconforming lots.
3.
The Zoning Officer shall further establish and make available at
the Township Office applications for certificates of nonconforming
uses, nonconforming structures or buildings, and nonconforming lots.
[Ord. 147, 8/11/2008, § 1904]
A temporary nonconforming use, which will benefit the public
health, safety, morals, general welfare and proper development of
a zoning district in conformity with the intent and purpose of this
chapter, may be permitted for a period of not more than 30 days, on
the approval of the Zoning Officer, but any such use to be permitted
for a longer period shall require a public hearing upon application
for a special exception in accordance with other sections of this
chapter, after which the Zoning Hearing Board may issue its order
permitting such use for any period it may deem best, but not exceeding
one year in any case.
[Ord. 147, 8/11/2008, § 1905; as amended by Ord.
166, 4/12/2010, § IV]
1.
For any use permitted in a zoning district, a building may be erected on any lot lawfully held of record in single and separate ownership on the effective date of this chapter which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty providing the required yard areas for the district in which the lot is situated. This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements of the district in which the lot is located. However, all setback and lot coverage requirements shall be met unless variances are authorized pursuant to §§ 27-1506 and 27-1510 of this chapter.
2.
Unless otherwise provided by the Municipalities Planning Code, where
two or more contiguous developed or undeveloped lots are held in single
ownership, which lots are individually not of the required minimum
area or width for the district in which they are situated, such lots
may be reconfigured, as a subdivision, with lot line changes in groups
thereof in order to provide a greater lot area or frontage such that
the original nonconformance(s) is not increased.
