A.
Continuation. Any lawful use of a building or structure or the lawful use of any land as existing and lawful on the effective date of this chapter, or in the case of an amendment to this chapter at the time of such amendment, may be continued even though such use does not conform to the provisions of this chapter or subsequent amendments.
B.
Extensions of nonconforming uses and structures.
[Amended 1-10-2023 by Ord. No. 2023-O-2]
(1)
A nonconforming use of a building may be extended an additional 25% of floor area from the existing floor area at the time that this amendment becomes effective, by approval of the Zoning Officer, except if the nonconforming use has previously received approval for expansion up to 25% of floor area. Any additional or future expansions up to a maximum of 50% of floor area shall require special exception approval. Any additional or future expansion greater than 50% of floor area shall require a variance.
(2)
A nonconforming structure may be extended upon a lot occupied by such structure and held in single and/or separate ownership at the effective date of this chapter when authorized as a special exception, provided that such extension does not replace a conforming structure, and does not increase the nonconformity of a nonconforming minimum yard, height, and coverage requirements of the zone in which the nonconforming structure exists.
(3)
In granting special exceptions, pursuant to this section, the Zoning Hearing Board shall, in addition to such other factors as it may deem relevant:
(a)
Give full consideration to the size, scope, extent, and character of the exception desired and assure itself that such request is consistent with the plan for future land use in the Township and with the spirit, purpose, and intent of this chapter.
(b)
Consider the suitability of the property for the extension and the extent to which it is susceptible of regulation or restriction by appropriate conditions and safeguards.
(c)
Consider the public interest in, or the need for the proposed extension, and determine that the proposal will service the best interests of the Township, the convenience of the community (where applicable), and the public health, safety, and general welfare, but shall not constitute a change of use to one not specifically permitted in that district.
(d)
Consider, where pertinent, the effects of the proposed extension with respect to congestion on the roads or highways, the most appropriate use of land, conserving the value of buildings, safety from fire, panic and other dangers, adequacy of light and air, the prevention of overcrowding the land, congestion of population and the adequacy of public and community services.
(e)
Make certain that the proposed extension is reasonable in terms of the logical efficient and economic extension of public services and facilities, such as public water, sewers, police and fire protection, transportation, and public schools.
(f)
Take into consideration the character and type of development in the area surrounding the location for which the request is made and determine that the proposed extension, if permitted, will constitute an appropriate extension in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
(g)
Ensure that the proposed extension complies in every other respect with the requirements of this chapter.
(4)
In granting a variance, pursuant to this subsection, the Zoning Hearing Board shall apply the standards or law and ordinances generally applicable to the granting of variances.
C.
Multiple nonconforming lots. No nonconforming lot shall be reduced in size. An owner of two or more contiguous nonconforming lots at the same time of and subsequent to the effective date of this chapter which, when combined, would create a lot of conforming size or which could be consolidated to minimize the nonconformity, shall be required to combine such lots.
D.
Single nonconforming lot. One or more nonconforming lots, which are contiguous to a conforming lot and in single ownership, shall be used in combination with the conforming lot. In any reparceling or replatting, the conforming lot shall not be reduced in area or dimension less than the minimum requirements of this chapter.
E.
Restoration.
(1)
A nonconforming structure that has been damaged or destroyed by fire, windstorm, lightning, or a similar cause deemed to be no fault of the owner may be rebuilt when authorized as a special exception. Request for special exception must be submitted within one year from the date of damage or destruction or the nonconforming structure shall not be restored.
(2)
No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer. Approval shall be for the same use unless relief is granted by the Zoning Hearing Board.
(3)
Any reconstructed building shall not exceed in height, area, and volume the building destroyed or condemned.
F.
Abandonment.
(1)
If a nonconforming use of a building, structure or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter; provided, however, that the time spent on active duty with the Armed Forces of the United States by the owner of record of the land shall not be determined to be a part of the one-year-period.
(2)
Abandonment regulations shall not apply to agricultural uses.
G.
Building permits. In a case where a building permit has been issued prior to the effective date of this chapter, and the proposed use of land and/or building does not conform to this chapter, said proposed use shall be regulated by the nonconforming use requirements of this chapter and shall be considered the same as a lawful nonconforming use, provided that construction other than excavation and foundations is undertaken within a period of 30 calendar days after the issuance date of said building permit and construction thereof is complete within 12 calendar months from the issuance date of the building permit. Permits shall last no more than two years beyond the initial building permit issuance unless an extension is approved by the Zoning Hearing Board.
H.
Nonconforming use of open land. All nonconforming signs, billboards, junk storage areas, storage areas, and similar nonconforming uses of open land, when discontinued for a period of 90 days or damaged to an extent of 60% or more of replacement costs, shall not be continued, repaired, or reconstructed.