For the purposes of this Article
XIV, a building, structure or use, legally permitted, planned and substantially under construction in compliance with existing ordinances prior to the effective date of this chapter, or any amendment hereto, but which is no longer permitted after the effective date of this chapter, or any amendment hereto, shall be considered nonconforming, provided the same is completed and utilized prior to the expiration of any then-existing approvals or permits issued with respect to the same.
Any nonconforming use may be continued indefinitely, provided
that:
A. Such nonconforming use shall not be enlarged, altered, extended, reestablished or restored without approval of a conditional use by the Board of Supervisors, unless otherwise specifically permitted by the provisions of this Article
XIV.
B. Any modification of the nonconforming use shall take place only on
the same lot as that existing at the time the use became nonconforming.
C. Any modification of the nonconforming use shall conform with area,
building height, parking, sign, water, sewer and other requirements
of the district in which said use is located.
D. Any proposed alteration shall not, in the aggregate, exceed 50% of
the floor area and/or ground area devoted to the nonconforming use
at the time the use became nonconforming.
E. Any proposed alteration shall not have an increased detrimental effect
on the surrounding neighborhood.
F. Such nonconforming use shall not be moved to another off-site location
where such use would be nonconforming.
G. Such nonconforming use shall not be changed to another nonconforming
use without approval by the Zoning Hearing Board and then only to
a use which, in the opinion of the Zoning Hearing Board, is of the
same or of a more restricted (i.e., more conforming) nature.
H. Such nonconforming use shall not be reestablished if such use has
been abandoned for any reason. A nonconforming use shall be deemed
as abandoned when there occurs a cessation or discontinuance of any
such use or activity by an apparent act or failure to act on the part
of the occupant or owner and a failure to reinstate such use within
a period of one year from the date of cessation or discontinuance.
Vacation of land or structures or the nonoperative status of the use
normally carried on shall be evidence of discontinuance.
I. A change of a nonconforming use to a conforming use shall be processed
in accordance with the classification of the proposed use as a permitted
use by right or conditional use by the district regulations, and such
change of a nonconforming use to a conforming use shall constitute
an abandonment of the nonconforming use, with the result that a reversion
to a nonconforming use is prohibited.
Nothing in this article shall be deemed to prevent normal maintenance
and repair of a nonconforming structure, such as painting, replacement
of siding, and similar activities, as well as interior renovations
which do not structurally alter the structure or result in increased
use of the structure or area, or increase the degree of, or create
any new, nonconformity, or otherwise create more incompatibility with
the regulations pertaining to such structure or dimensions applicable
to the same on the lot on which the structure is located. Such maintenance
and repair activities shall, however, comply with all other applicable
regulations, standards and permit requirements of this article.
If a nonconforming use of land or structure ceases operations,
is discontinued, is vacated or is otherwise abandoned for a period
of one year or more, the same shall be deemed to constitute an intent
to abandon such nonconforming use, and any subsequent use of the land
or structure shall be for conforming purposes only, and shall in all
respects conform to the applicable provisions of this chapter. A change
of a nonconforming use to a conforming use shall be considered an
abandonment of the nonconforming use which shall not thereafter revert
to a nonconforming use.
In addition to the other special exception standards in this
chapter, and any other applicable requirements, the Zoning Hearing
Board, in deciding upon any application for a special exception to
enlarge, alter, extend, reestablish or restore a nonconforming use,
shall consider the effect of the proposal set forth in the application
on the following factors:
A. Nuisance considerations.
(2) Noise, dust, fumes, gases, odor, glare, vibration, fire and explosion
hazards and other nuisances.
(3) Amount and nature of outdoor storage.
(5) Compatibility with the character of the surrounding neighborhood.
(6) Potential of the expansion to reduce existing congestion and alleviate
parking shortages by improved site design, addition of parking and
improved loading areas.
B. Specific considerations.
(1) Yards and setbacks. No addition, change or expansion of a nonconforming
use shall further violate, or increase coverage within, setback and/or
height regulations of the district in which the use is located.
(2) Parking and traffic. No change, addition or expansion of a nonconforming
use be allowed which would result in the diversion of traffic, or
relocation of a driveway on the site to any point nearer a residential
property, or result in violation of any of the parking and unloading
requirements of this chapter. The Township may require vegetative
screening of the parking area from nearby residential areas in accord
with screening provisions of this chapter.