[Ord. 281, 1/5/1976, Art. IX, § 9.1]
1. Within any district established by this chapter or amendment that
may later be adopted there exist:
C. Uses of land and structures;
D. Characteristics of use;
which were lawful before this chapter was passed or amended,
but which would be prohibited, regulated, or restricted under the
terms of this chapter or future amendment. It is the intent of this
chapter to permit these nonconformities to continue until they are
removed. It is further the intent of this chapter that nonconformities
shall not be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
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2. Nonconforming uses are declared by this chapter to be incompatible
with permitted uses in the districts involved. A nonconforming use
of a structure, a nonconforming use of land, or a nonconforming use
of a structure and land in combination shall not be extended or enlarged
after passage of this chapter by the addition of other uses of a nature
which would be prohibited generally in the district involved.
3. To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been carried on diligently.
"Actual construction" is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner. Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be "actual construction."
[Ord. 281, 1/5/1976, Art. IX, § 9.2]
1. In any district a permitted building and customary accessory buildings
may be erected on any single lot on record at the effective date of
adoption or amendment of this chapter, not withstanding limitations
imposed by other provisions of this chapter. Such lot must be in separate
ownership. This provision shall apply even though such lot fails to
meet the requirements for area or width, or both, that are generally
applicable in the district; provided, that yard dimensions and requirements
other than those applying to area or width, or both, of the lot shall
conform to the regulations for the district in which such lot is located.
Variance of yard requirements shall be obtained only through action
of the Zoning Hearing Board.
2. If one or more lots are on record in the office of the Recorder of
Deeds of Lebanon County and have been duly approved by the Township
Commissioners, they may be developed according to the recorded plan
even though said lots may not conform with the requirements for area
or width or both that are generally applicable in the district. However,
no portion of said lots or parcels shall be used or sold in a manner
which further diminishes compliance with lot width and area requirements
as established by this chapter.
[Ord. 281, 1/5/1976, Art. IX, § 9.3]
1. Where at the time of passage of this chapter lawful use of land exists
which would not be permitted by the regulations imposed by this chapter,
and where such use involves no individual structure with a replacement
cost exceeding $1,000, the use may be continued so long as it remains
otherwise lawful, provided:
A. If any such nonconforming use of land ceases for any reason for a
period of more than 90 continuous days, any subsequent use of such
land shall conform to the regulations specified by this chapter for
the district in which such land is located.
B. No additional structure not conforming to the requirements of this
chapter shall be erected in connection with such nonconforming use
of land.
C. No such nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
[Ord. 281, 1/5/1976, Art. IX, § 9.4]
1. Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms
of this chapter by reason of restrictions on area, lot coverage, height,
yards, its location on the lot, or other requirements concerning the
structure, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A. No such nonconforming structure may be enlarged or altered in a way
which increases its nonconformity, but any structure or portion thereof
may be altered to decrease its nonconformity.
B. Should such nonconforming structure or nonconforming portion of structure
be destroyed by any means, it shall not be reconstructed in a manner
which increases its nonconformity.
C. Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
[Ord. 281, 1/5/1976, Art. IX, § 9.5]
1. If a lawful use involving individual structures with a replacement
cost of $1,000 or more, or of structure and premises in combination,
exists at the effective date of adoption or amendment of this chapter,
the lawful use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall be enlarged or extended,
except on contiguous property owned at the time of adoption of this
chapter, provided that all other requirements of this chapter are
satisfied for such extension.
B. Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter.
C. Any nonconforming use of a structure, or structure and premises,
may as a special exception be changed to another nonconforming use
provided that the Zoning Hearing Board, either by general rule or
by making findings in the specific case, shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing nonconforming use. In permitting such change, the Zoning
Hearing Board may require appropriate conditions and safeguards in
accord with the provisions of this chapter.
D. Any structure, or structure and land in combination, in which or
on which a nonconforming use is destroyed or eliminated and then superseded
by a permitted use, shall eliminate the nonconforming status of the
land. "Destruction" for the purpose of this subsection is defined
as damage to an extent of 100% of the replacement cost at the time
of destruction.
[Ord. 281, 1/5/1976, Art. IX, § 9.6]
Nothing in this chapter shall be deemed to prevent any repairs,
maintenance, or remodeling of a nonconforming building or structure
provided that such use does not make the building or structure more
nonconforming in terms of the regulations of this chapter.
[Ord. 281, 1/5/1976, Art. IX, § 9.7]
Any use which is permitted as a special exception in a district
under the terms of this chapter (other than a change through Zoning
Hearing Board action from a nonconforming use to another use not generally
permitted in the district) shall not be deemed a nonconforming use
in such district, but shall without further action be considered a
conforming use.
[Ord. 281, 1/5/1976, Art. IX, § 9.8; as added by
Ord. 295, 10/1/1979]
The Zoning Administrative Official shall establish, maintain
and at all times keep current a record identifying and registering
all nonconforming uses and nonconforming buildings and structures
in the Township.