[Ord. No. 2-1995, § 1601, 4/11/1995; Ord. No. 2-2007, § 16, 5/22/2007]
All lawful uses of land or of a lot, building or other structure, (except signs as regulated by §
27-1706 of this chapter) existing on the effective date of this chapter may be continued, altered, restored, reconstructed, changed, sold or maintained even though such use may not conform to the use, height, area, yard and other regulations of the district in which is it located; provided, such nonconforming conditions shall comply with the following.
[Ord. No. 2-1995, § 1602, 4/11/1995]
The Zoning Officer shall be responsible for the proper registration
of premises occupied by a lawful nonconforming use, building and/or
structure existing after the effective date of this chapter and issuance
of a certificate of nonconformance which shall be for the purpose
of insuring to the owner the right to continue such nonconformity
in accordance with the provisions of this chapter. It is the property
owner's responsibility to assist the Zoning Officer in the identification
and registration of nonconforming uses, lots, buildings and structures
they are accountable for.
[Ord. No. 2-1995, § 1603, 4/11/1995]
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use; provided,
such alterations and repairs are in conformance with the regulations
set forth in this chapter and other applicable codes and ordinances
adopted by the Township.
[Ord. No. 2-1995, § 1604, 4/11/1995]
1. The types of extensions and enlargements listed below are permitted
for nonconforming uses, buildings and structures existing on the effective
date of this chapter:
A. The extension of a nonconforming use of land upon a lot occupied
by such use.
B. The extension or enlargement of a conforming building occupied by
a nonconforming use.
C. The extension or enlargement of a nonconforming building occupied
by a nonconforming use.
D. The extension or enlargement of a nonconforming building occupied
by a conforming use.
2. The foregoing extensions or enlargements of such nonconforming buildings
or uses shall be subject to the following conditions:
A. The extension or enlargement shall conform to the height, rear yard
and coverage regulations of the district in which it is located. Where
a building or structure is nonconforming as to a required side or
rear yard setback, the established nonconforming setback may be continued
so long as the proposed extension or enlargement does not project
further into any yard, whether side or rear yard, than the original
building line extended.
B. The entire building or use shall be provided with off-street parking and loading spaces as required by Article
XIX, "off-street parking," herein.
C. The extension or enlargement does not replace a conforming use.
D. The extension or enlargement of a building use for a nonconforming
use shall not be permitted to extend into vacant parcels of land adjacent
to the initial parcel of land existing and occupied on the effective
date of this chapter where such vacant parcels have been recorded
separately or acquired following the effective date of this chapter.
[Ord. No. 2-1995, § 1605, 4/11/1995]
A nonconforming use may be changed to another nonconforming
use of the same or more restricted classification. Whenever a nonconforming
use has been changed to a more restricted classification or to a conforming
use, such use shall not hereafter be changed to a use of less restricted
classification.
[Ord. No. 2-1995, § 1606, 4/11/1995]
1. A nonconforming structure, building or use which is damaged by fire,
explosion, windstorm or other natural or criminal acts may be reconstructed
and used for the same purposes; provided, that:
A. The reconstruction and/or restoration of the building or structure
is commenced within one year from the date of occurrence of the damage
and is carried to completion without undue delay. The one year time
may be extended if the delay is caused by insurance regulations or
investigations not caused by negligence or default by the applicant.
B. The reconstructed building, structure or occupied area does not exceed
the height, area and volume of the original building, structure and
occupied area.
C. The remains of any such building, structure or other improvement
so destroyed shall be removed from the premises within six months
so that the same shall not remain as a safety or nuisance hazard.
[Ord. No. 2-1995, § 1607, 4/11/1995]
If a nonconforming use of land or building ceases operations
for a continuous period of more than 12 months, then such use and
any subsequent use of land or building shall conform to the provisions
of this chapter except when the discontinuance is due to a death and
administration of the decedent's estate, in which event the discontinuance
shall not be presumed to start until estate administration is terminated
or a court order concerning the disposition of the estate has been
entered.
[Ord. No. 2-1995, § 1608, 4/11/1995; Ord. No. 2-2007, § 17, 5/22/2007]
Nonconforming signs shall be governed by the requirements of §
27-1706 of this chapter.
[Ord. No. 2-1995, § 1609, 4/11/1995]
Whenever the boundaries or uses of a district shall be changed
the foregoing provisions shall also apply to any nonconforming lots,
uses or buildings existing therein or created thereby.
[Ord. No. 2-1995, § 1610, 4/11/1995]
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a structure or building declared
unsafe by proper authority.
[Ord. No. 2-1995, § 1611, 4/11/1995]
The nonconforming controls as set forth herein shall not apply
to agricultural structures when such structures are part of an active
agriculture program. An active farm situated, through action of the
Township Supervisors in enacting this chapter, in a zone where agricultural
uses become nonconforming is exempt. It is not the intent of this
chapter to hamper continued agricultural activities. However, should
the agricultural use be abandoned, thereafter agricultural buildings
damaged or destroyed in any manner shall be subject to the nonconforming
rules and regulations.
[Ord. No. 2-1995, § 1612, 4/11/1995]
1. Where any residential dwelling is in existence and is being used
for residential purposes on or before September 21, 1975, the same
shall not be required to have its principal frontage on a street provided
that the further conditions exist or are met:
A. The existing dwelling is situated more than 350 feet from any public
street.
B. The existing residential premises must be provided with access to
a public street by a private right-of-way having a minimum width of
20 feet.
C. The owner must execute a written agreement with the Township restricting
any development between the public street and the subject premises
providing for the private maintenance, repair and improvement of the
private right-of-way providing access for the subject dwelling to
the public street as aforesaid and such further terms and conditions
as the supervisors shall determine are necessary under the particular
circumstances to insure that any further development shall be in accordance
with all applicable Township ordinances.