[Ord. 2002-06, 11/11/2002, § 2001]
1.
The following regulations shall apply to nonconforming uses, structures,
buildings, lots, and signs as defined below:
A.
Nonconforming Use. A use, whether of land or of structure, which
does not comply with the applicable use provisions in this chapter
or amendments hereafter enacted where such use was lawfully in existence
prior to the enactment of this chapter or amendments.
B.
Nonconforming Structure. A structure which does not comply with the
applicable dimensional regulations, including those density; impervious
surfaces, building coverage, building height, and setbacks in this
chapter or amendments hereafter enacted where such structure was lawfully
in existence prior to enactment of this chapter. Such structures include,
but are not limited to, buildings fences and swimming pools.
C.
Nonconforming Lot. A lot or site which does not comply with the applicable
dimensional regulations, including those related to site area, lot
area, and lot width, in this chapter or amendments hereafter enacted
where such lot was lawfully in existence prior to enactment of this
chapter or amendments.
[Ord. 2002-06, 11/11/2002, § 2002]
Any lawful building or other structure, or any lawful use of
a building, structure, land, or sign legally existing at the time
of adoption of this chapter; or authorized by a building permit issued
prior thereto, may be continued in the form evident at the time of
adoption of this chapter.
[Ord. 2002-06, 11/11/2002, § 2003]
1.
Except as provided in this Part, any use lawfully existing at the
time of passage of this chapter, or any amendment thereto, may be
continued provided the following provisions are upheld:
A.
Change of Use. A nonconforming use may be changed to another nonconforming
use or more restrictive classification by a grant of special exception
by the Zoning Hearing Board. Such special exception, however, shall
be granted only when the Zoning Hearing Board determines that the
new use will be no more detrimental to the objectives and purposes
of this chapter, or to the character, neighborhood and surrounding
areas of the Township than the existing use in determining what is
detrimental, the Zoning Hearing Board shall consider, among other
things, additional traffic which might be generate fire hazards, potential
environmental degradation, the hours and manner of operation, the
hardship(s) facing the owner, and such nuisance characteristics as
noise, glare, dust, smoke, or odor.
B.
Expansion. The nonconforming use of a building, structure, or lot
shall not be extended, expanded, or structurally altered, unless it
is to insure the structural safety of the building as mandated by
law, or unless the Zoning Hearing Board grants a special exception
authorizing the limited expansion of such building, structure, or
lot. The Zoning Hearing Board may grant such special exception, provided
that:
(1)
It is clear that granting such an exception will not be detrimental to the objectives and purposes of this chapter, or to the character, neighborhood and surrounding areas of the Township, as defined in § 27-2003, Subsection 1A, above.
(2)
The area devoted to the nonconforming use may not be expanded
cumulatively by more than 30% maximum. This increase shall occur only
once dung the lifetime of the nonconforming use.
(3)
Any expansion of a building or structure or of a lot having
a nonconforming use shall conform to the area, height, setback, and
other applicable regulations of the district by which it is situated.
C.
Discontinuance or Abandonment. Whenever a nonconforming use of land,
premises, building, or structure, or any part or portion thereof,
has been discontinued for a period of one year, such nonconforming
use shall not be reestablished and all future uses shall be in conformity
with this chapter.
D.
Reconstruction. A structure containing a nonconforming use involuntarily
destroyed by fire, explosion, flood, or other phenomena, or legally
condemned, may be reconstructed and used for the same nonconforming
use, provided that:
(1)
Reconstruction of the structure shall commence within one year
from the date the structure was destroyed or condemned and completed
within one year of the date reconstruction commenced.
(2)
The reconstructed structure shall not exceed the area and bulk
of the damaged or destroyed structure, except as provided for in Subsection
1B, above.
[Ord. 2002-06, 11/11/2002, § 2004]
1.
The continuation, alteration, or extension of a nonconforming building
or structure shall be in compliance with the following requirements:
A.
Alteration or Enlargement. A nonconforming building or structure
which is used, or proposed to be used, for a conforming purpose may
be continued, altered, or enlarged by special exception, provided
that the alteration or enlargement does not increase the nonconformity
of the building or structure with respect to the existing or subsequent
setback, coverage, and density requirements in effect at the time
such alteration or enlargement is proposed to be made.
B.
Restoration. A nonconforming building or structure which has been
destroyed by fire or some other calamity may be reconstructed at its
former location and used for its previous use, provided that its former
dimensions remain the same and that reconstruction shall be commenced
within one year from the date of damage or destruction, and shall
be completed within two years of the date of damage or destruction.
C.
Voluntary Demolition and Abandonment. Where a nonconforming building
or structure housing a conforming use is voluntarily demolished or
destroyed, except for reconstruction and/or modernization, the use,
as well as the nonconforming structure, shall be deemed to have been
abandoned and discontinued, and any use thereafter shall conform to
the provisions of this chapter.
[Ord. 2002-06, 11/11/2002, § 2005]
1.
A nonconforming lot held in single and separate ownership at the
effective date of this chapter or map, or of any subsequent amendment
thereto, may be used for the construction, alteration, or reconstruction
of a building or structure, or otherwise used if the construction,
reconstruction, alteration, or other use is itself in compliance with
the required yard, setback, impervious coverage, and other pertinent
provisions of this chapter.
2.
An owner of two or more contiguous nonconforming lots which, if combined,
would create a lot of conforming size, shall be required to combine
such lots prior to the issuance of a building permit.
3.
No lot area shall be reduced so that the area or width of the lot
or the applicable setback dimensions shall be smaller than herein
prescribed.
[Ord. 2002-06, 11/11/2002, § 2006]
1.
Moving. A nonconforming sign may be moved provided that moving such
a sign would eliminate the nonconformity. A nonconforming sign shall
not be moved to a position where such sign remains nonconforming except
by special exception.
2.
Area. The total area of all such signs relating to a single use at
the effective date of this chapter, or at the effective date of any
amendment to this chapter by which any sign shall be made nonconforming,
shall not be increased.
3.
Repair or Replacement. Nonconforming signs, once removed or damaged
more than 60%, including structural framing or bracing, shall be replaced
with conforming signs. Nonconforming signs with damage of 60% or less
may be repainted or repaired, provided that such repainted or repaired
sign does not exceed the dimensions of the existing sign or otherwise
increase its nonconformity.
4.
Discontinuance. Whenever any nonconforming use of building, structure, or land, or of a combination of buildings, structures, and land ceases as prescribed in Subsection 3, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within 30 days from the date such use terminates.
[Ord. 2002-06, 11/11/2002, § 2007]
A structure or use of a structure or premises which lawfully existed before the enactment of the Flood Hazard District provisions, but which is not in conformity with those provisions, shall be subject to the requirements of § 27-1506 of this chapter.
