Within the districts established by this chapter or amendments
thereto, there exist certain uses, structures, and lots that were
lawful before this chapter was enacted or amended but which do not
conform to the provisions of this chapter or amendment thereto. These
uses, structures or lots are referred to as nonconformities. The regulations
governing existing nonconforming uses, structures and lots are set
forth in this Article and are intended to provide a gradual remedy
for the undesirable conditions resulting from such nonconformities.
While such nonconformities are generally permitted to continue, these
regulations are intended to restrict further investment in such nonconformities
and to bring about their gradual reduction.
All existing structures, lots, uses of structures and uses of
land that do not conform to the regulations of the district in which
they are located after the effective date of this chapter or amendment
thereto shall be regarded as nonconforming and may be continued so
long as they remain otherwise lawful, including subsequent sales of
property. Such uses must comply with all safety-related and other
applicable regulations.
A nonconforming use or structure may be extended, enlarged or altered when so authorized as a special exception, provided that the following conditions are met, and a permit is obtained as per § 395-175.
A.
It is clear that such enlargement or extension is not materially
detrimental to the health, safety and welfare of the surrounding area.
B.
The proposed enlargement or extension only occurs on the tract where
the nonconformity is currently located.
C.
The area devoted to the nonconforming use shall not be increased
by more than 25%. The nonconforming structure shall not be increased
by more than 25% of its cubic content.
D.
Any extension or enlargement of a building shall conform to the area,
height and setback regulations of the district in which it is located.
E.
Not more than one extension or enlargement to a nonconforming use
or structure shall be granted.
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another equally restrictive or more restrictive
nonconforming use, when authorized as a special exception by the Zoning
Hearing Board (Board) subject to the following conditions:
A.
The applicant shall show that the nonconforming use cannot be reasonably
changed to a conforming use.
B.
The applicant shall show that the proposed change will be no more
objectionable in external effects than the existing nonconforming
use or will be more appropriate than the existing nonconforming use
with regard to:
C.
A permit is obtained from the Township.
Where a nonconforming use is conducted entirely on unenclosed
premises, no structure to house or enclose such use, whether or not
such structure would otherwise conform to zoning regulations, shall
be permitted to be erected on the premises.
If a nonconforming use of a building or land is abandoned for
12 consecutive months or more, whereby the Township can prove an intent
to abandon and an overt act of abandonment, the subsequent use of
such building or land shall conform with the regulations of the district
in which it is located, unless another nonconforming use is approved
by the Board. Such approved use shall be initiated within 120 days
after the approval by the Board.
No nonconforming use shall displace a conforming use.
A lot held in single and separate ownership on the effective
date of this chapter which does not contain the required minimum area
or width may be used for the construction, alteration or reconstruction
of a building or may be otherwise used if the construction, alteration,
reconstruction, or other use is in compliance with the use, yard,
and setback provisions of this chapter.
A nonconforming structure, a conforming structure devoted to
a nonconforming use, or a structure that has been legally condemned
or destroyed by fire or other cause to less than 75% of its value
before the occurrence, may be restored to its former condition and
footprint, provided that:
A.
The reconstructed structure shall not exceed the height, area and
volume of the building destroyed or condemned.
B.
Reconstruction of the structure shall commence within 12 months from
the date the structure was destroyed or condemned, unless the ZHB
shall authorize a special exception for an extension of this time
limit.
A.
On any nonconforming structure or portion of a structure containing
a nonconforming use, work may be done in any period of six consecutive
months on ordinary repairs or on repair or replacement of non-bearing
walls, fixtures, wiring or plumbing, provided that the cubic content
existing when it became nonconforming shall not be increased.
B.
If a nonconforming structure becomes physically unsafe due to lack
of repairs or maintenance and is declared by the CEO to be unsafe
by reason of physical condition, it shall not thereafter be restored
or repaired except to conform or more closely conform to the regulations
of the district in which it is located.
C.
Nothing in this chapter shall be construed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by the CEO or other official charged with protecting
the public safety.
No lot area shall be so reduced that the area of the lot or
the dimensions of the open space shall be smaller than herein prescribed.
Regulations for nonconforming signs are in Article XXIII relating to signs.
Every three years, the CEO may prepare or cause to be prepared,
a complete list of all nonconforming uses, structures, lots, and signs
in the Township.
Whenever a lot is sold to a new owner, a previously lawful nonconforming
use may be continued by the new owner.
A nonconforming structure altered, or a nonconforming use created, in violation of any previous provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 395-189 upon other nonconforming structures and uses.
