[Ord. No. 2019-10, 8/1/2019]
This Part is intended to recognize the property rights of owners
of nonconforming structures and uses to the extent required by law,
while also recognizing the legitimate desire of the Township to minimize
nonconformities, since they are in derogation of the comprehensive
planning scheme reflected in this chapter.
[Ord. No. 2019-10, 8/1/2019]
The lawful use of any structures or land existing at the effective
date of this chapter may be continued, although such use does not
conform with the provisions of this chapter, except as otherwise provided
in this chapter.
[Ord. No. 2019-10, 8/1/2019]
1.
Nonconforming Lots. A building may be constructed on any lot which
was lawful when created and which prior to the effective date of this
chapter was in separate ownership and duly recorded by plan or deed.
2.
Nonconforming Uses and Structures. Nonconforming uses and structures
shall not be extended or enlarged, except in accordance with the following
provisions:
A.
Such extension, expansion or enlargement shall be permitted only
upon approval by the Zoning Hearing Board obtained as follows:
(1)
Before any extension or enlargement of a nonconforming use or
structure, the applicant shall file a request therefor with the Zoning
Officer, who shall make a determination whether the proposal is an
extension, expansion or enlargement thereof. The Zoning Officer's
determination shall then be appealed to the Zoning Hearing Board in
the manner provided in § 27-2604.5.A to obtain approval
for such extension, expansion or enlargement.
(2)
Alternatively, the Zoning Officer shall initiate an enforcement proceeding in accordance with § 27-2611 of this chapter, whenever it appears that any nonconforming use or structure has been extended, expanded or enlarged without approval as provided herein. To obtain the approval for such extension, expansion or enlargement, the Zoning Officers action shall be appealed to the Zoning Hearing Board in the manner provided in § 27-2604.5.A.
B.
The Zoning Hearing Board shall consider by special exception and
approve the extension, expansion or enlargement of the use or structure
only if it is clearly shown that:
(1)
The extension, expansion or enlargement will be no more detrimental
in its external effects to its neighborhood and surroundings than
the existing nonconforming use with respect to its:
(2)
The resulting structure does not exceed 125% of the gross floor
area of the nonconforming structure at the time the structure first
became nonconforming, or the floor area committed to the resulting
use does not exceed 125% of the gross floor area committed to the
use at the time the use first became nonconforming.
[Ord. No. 2019-10, 8/1/2019]
1.
A nonconforming structure wholly or partially involuntarily damaged
or destroyed by fire, explosion, windstorm or other similar causes
or a nonconforming structure which has been legally condemned may
be reconstructed in the same location and used for its existing use
provided that:
A.
The reconstructed structure shall not exceed in height, area and
volume the structure that was destroyed or condemned.
B.
The reconstruction of the structure shall be commenced within one
year of the date the structure was destroyed or condemned and shall
be completed within 2 1/2 years after such commencement of construction.
[Ord. No. 2019-10, 8/1/2019]
Whenever a nonagriculrural nonconforming use has been discontinued,
voluntarily or involuntarily, for a continuing period of one year
or more, there shall be rebuttable presumption that the use has been
abandoned and, therefore, subsequent use shall be a conformity with
the provisions of this chapter. An agricultural nonconforming use
shall be rebuttably presumed to be abandoned if it has been discontinued
or ceased to operate for a continuing period of five years. A change
in a use by either permit or land development approval shall constitute
an abandonment of the prior use, effective immediately.
[Ord. No. 2019-10, 8/1/2019]
1.
A nonconforming use may be changed to another nonconforming use only
under the following conditions:
A.
Such change shall be permitted by Special Exception only upon and
approval by the Zoning Hearing Board, obtained in the same manner
as provided in §§ 27-2503.2.A, and 27-2604.5.A, of
this chapter.
B.
Such approval shall be granted only if:
(1)
The proposed change shall be no more detrimental to its neighborhood
and surroundings than the existing nonconforming use with respect
to its:
(a)
Traffic generation and congestion, including truck, passenger
vehicle, and pedestrian traffic.
(b)
Relationship to the adjacent and nearby existing land uses.
(c)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare
or vibration.
(d)
Volume, type and intensity of the storage and waste disposal
occurring on the lot.
(e)
Hours and manner of operation.
(2)
The proposed use will be conducted entirely within a building.
(3)
Any building containing the original nonconforming use cannot
be reasonably modified to contain a conforming use.
[Ord. No. 2019-10, 8/1/2019]
Whenever the boundaries of a district shall be changed so as
to transfer a lot, parcel or tract of land, or portion thereof from
one district to another, the foregoing provisions shall also apply
to any nonconforming use or structures created therein.
[Ord. No. 2019-10, 8/1/2019]
1.
Normal maintenance and repairs of a building or other structure containing
a nonconforming use are permitted, provided such maintenance and repairs
does not extend, expand or increase the floor area occupied by the
nonconforming use.
2.
If more than 50% of the structural components of a nonconforming
building or structure, or of a building or structure containing a
nonconforming use, are destroyed, the nonconformity of the building
structure, or use shall not be reestablished unless approval of such
nonconformity is obtained from the Zoning Hearing Board as provided
in § 27-2503.1 or 27-2506 and in § 27-2604.5.A
of this chapter.
