[Ord. 160, 4/6/1977]
"Nonconforming use" means a use, whether of land or a building or structure, which does not comply with the applicable use provisions of this chapter or of any amendment to such chapter hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.
[Ord. 160, 4/6/1977; as amended by Ord. 189, 11/19/1980; and by Ord. 210, 5/9/1984]
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. A change from an existing nonconforming use to another nonconforming use is not permitted without approval by the Zoning Hearing Board as a special exception.
[Ord. 160, 4/6/1977]
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.
[Ord. 160, 4/6/1977]
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.
[Ord. 160, 4/6/1977]
1. 
No nonconforming 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 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 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 use beyond the area of a lot which was in existence at the time such use became nonconforming, nor may a variance be granted to increase the area of a lot covered by such nonconforming use unless 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.
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; and by Ord. 558, 4/27/2011, §§ 8, 9]
1. 
"Nonconforming building and structure" means a building, structure or part thereof manifestly not designed to comply with the applicable area and development regulations use provisions of this chapter or of any amendment to this chapter hereafter enacted, where such building or structure lawfully existed prior to the enactment of this chapter or amendment.
2. 
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.
3. 
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 or altered will become a nonconforming building or structure to the extent of such nonconformance or noncompliance.
4. 
Expansion or Extension of Nonconforming Building or Structure. A nonconforming building or structure may be enlarged, expanded or extended, provided that such enlargement, expansion or extension shall comply with the applicable use, area, and development regulations for the zoning district in which the building or structure is located. A structure that does not conform with the setback, yard, building, height, or other dimensional regulations of the district in which it is located may be extended along the existing nonconforming building line, provided that the extension or addition is no closer to the side, rear or front boundary line, and is no greater in height, than, the existing nonconforming structure.
Repairs, renovation and modernization of nonconforming buildings or structures shall be permitted. If the renovations or modernization, however, expand or extend the nonconforming building or structure, then the expansion or extension shall be in accordance with these provisions.
5. 
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 or 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 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 5 of this section shall nevertheless be permitted. Any such reconstruction shall be subject to and in accordance with any applicable Building, Electrical, Fire and Plumbing Codes, safety regulations or other 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.
[Ord. 160, 4/6/1977]
1. 
Any sign which was lawfully in existence prior to the effective date of this chapter of the Township or of any amendments to such ordinance heretofore or hereafter enacted, including this chapter, and which did not conform to or comply with the provisions of said ordinance or its amendments at the time of their enactment, shall be a nonconforming sign to the extent of such nonconformance or noncompliance.
2. 
Alteration or Moving. A nonconforming sign of any type shall not be moved to another position or location upon the building, structure or lot on which it is located, nor shall the size or area of such nonconforming sign be altered or increased or its structure or construction altered or changed.
3. 
Damage or Destruction. Whenever any nonconforming sign has been damaged or destroyed by any means to the extent of 50% of its market value at the time of the destruction or damage, such sign shall not be restored or replaced unless it conforms to all provisions of this chapter.
4. 
Discontinuance. Whenever any nonconforming sign is accessory to a nonconforming use of a building, structure or land and such nonconforming use of the building, structure or land is discontinued for a continuous period of more than six months, then such nonconforming sign shall be removed within six months from the end of the aforesaid six-month period and the use of signs upon such building, structure or land shall not be resumed except in accordance with the provisions of this chapter.
[Ord. 160, 4/6/1977; as amended by Ord. 295, 8/9/1989; and by Ord. 558, 4/27/2011, § 10]
1. 
The Zoning Officer shall establish and make available a form for the registration of nonconforming uses, buildings, structures and signs, which shall require such information as the Zoning Officer may deem necessary to identify such nonconforming uses, buildings, structures and signs.
2. 
Applications for registration of nonconforming buildings, structures or uses shall be issued by the Zoning Officer to all nonconformities existing at the effective date of this chapter.
3. 
To lawfully expand a nonconforming building, structure or use under the terms of this chapter, the owner of such nonconformity must produce proof that the nonconformity existed at the effective date of this chapter.