[Ord. 2009-01, 4/2/2009, § 701]
1.
Regardless of the size of a lot of record prior to the passage of
this chapter, such lot may be developed for any use permitted in the
district in which the lot is located; provided that, where setback,
width, density or other requirements make development impractical,
the Zoning Hearing Board permits development to occur after granting
specific variances.
2.
If two or more abutting side-by-side undeveloped lots of record in
the same ownership occur prior to passage of this chapter and if one
or all of these lots are less than the requirements of lot width and
area as established in this chapter, the total area of all the lots
shall be considered as undivided, and no portion of the area of the
lots shall be used or sold unless such portion equals or exceeds the
lot width and area requirements of this chapter; nor shall any division
of the parcel be made which leaves remaining any lot with width or
area less than the requirements of this chapter.
[Ord. 2009-01, 4/2/2009, § 702]
1.
Where a structure and/or its premises existed lawfully prior to adoption
or amendment of this chapter and becomes nonconforming a result of
passage of this chapter or amendment, it may remain in the same use,
provided that the following conditions are applied.
2.
A nonconforming use may not be expanded more than 25% beyond the
area on the ground it occupied when this chapter was adopted or amended
to create the nonconformity, nor may a nonconforming use be increased
in volume within a building if such expansion will displace a conforming
use in the building or will require structural changes to the building.
3.
If a nonconforming use is discontinued for a period of at least one year for any reason, any use of the property thereafter shall be in conformance with the development regulations for the zone district containing the property. Discontinuance of a nonconforming use shall be indicated by the removal of stock-in-trade and/or permanent equipment or furniture needed to operate the use. If the use is reopened within the one-year period, an occupancy permit (see § 27-903) will be required.
4.
A nonconforming use may be changed to a second nonconforming use,
provided that an application for the second use is filed with the
Zoning Hearing Board and the Board finds that the proposed use is
equally compatible or more compatible with the uses permitted in the
zone district than the preceding nonconforming use.
5.
A nonconforming use may be sold, leased or bequeathed by one owner
to a member of his family or to a partner or associate. Each succeeding
owner of a nonconforming commercial or industrial use shall receive
approval of the Zoning Officer before commencing operation to assure
that the use will be operated in the same manner as formerly.
A.
Once a nonconforming use is changed to a conforming use, it may not
thereafter revert to nonconforming status. If a nonconforming use
occupies a building and area of the lot outside the building and the
use is discontinued, the nonconforming use of the lot shall also cease.
B.
The maintaining or strengthening to a safe condition of any nonconforming
structures shall not be interpreted as being denied by any portion
of this chapter.
[Ord. 2009-01, 4/2/2009, § 703]
1.
Where a structure existed on a property at the effective date of
this chapter or any amendment to it affecting the property and does
not conform to the requirements of this chapter or amendment regarding
height, setbacks from street or lot lines, lot coverage, etc., such
structure may remain, subject to the following provisions.
2.
No structure shall be enlarged or altered to create a nonconformity
or increase an existing nonconformity.
3.
Replacement of a nonconforming structure shall be done with respect
to the setback and height requirements for the zone district containing
the property, except that if the owner alleges a hardship, he/she
may petition the Zoning Hearing Board to grant approval of replacement
on the foundation of the building to be replaced but in no case in
a location more nonconforming than the original location.
[Ord. 2009-01, 4/2/2009, § 704]
1.
The Zoning Officer may, at the discretion of the Board of Supervisors,
identify and record all lots and uses of land and buildings in the
Township made nonconforming by adoption of this chapter. All uses
that are not permitted by right or are not special exception or conditional
uses in a particular zone district shall be considered as nonconforming.
2.
The Zoning Officer shall keep the record current as amendments to
this chapter create new nonconforming uses and as removal of buildings
and uses eliminates nonconforming uses. The record may be kept by
map or written documentation.
3.
The owner of a property containing a nonconforming use may request
the Zoning Officer to issue a certificate of nonconformity for the
use, thereby establishing the use as nonconforming and subject to
the rights accorded nonconforming uses by this chapter.
