Lawful uses located either within a building
or other structure, or part thereof, or on the land or in combination
of both which, at the effective date of this chapter or subsequent
amendment thereto, become nonconforming may be continued so long as
they remain otherwise lawful, including subsequent sales of the property.
If a nonconforming use of land or a building
ceases operations for a continuous period of more than one year, then
this shall be deemed to be an intent to abandon such use and any subsequent
use of land shall conform to the regulations of this chapter.
[Amended 8-7-1995 by Ord. No. 343]
A nonconforming building or structure (e.g., residential use of a commercial building) shall not be changed except to a conforming use or to another nonconforming use as a special exception, with the approval of the Zoning Hearing Board, upon a finding that the new use is the same or of a more restrictive nature than the existing nonconforming use. If an existing nonconforming use is discontinued as defined in §
300-74 of this chapter or changed to a conforming use, future use of such building, structure or portion shall be in conformity with the regulations of this chapter.
[Amended 2-21-1978 by Ord. No. 197; 9-20-1982 by Ord. No.
231; 3-15-2004 by Ord. No. 435]
Any lot of public record not otherwise restricted
from development in single and separate ownership at the time of enactment
of this chapter or applicable amendment thereto which does not meet
the minimum area or lot width requirements of the district in which
it is located shall be considered a nonconforming lot. Said lot may
be developed consistent with the use and dimensional standards of
the district in which it is located, provided that if any setback
standards cannot be met, the applicant shall apply to the Zoning Hearing
Board for request of the necessary variance(s). Provided further,
however, that if the area of the lot in question is less than 50%
of the required minimum for the district in which it is located and
if two or more lots with continuous frontage in a single ownership
are of record at the time of passage or applicable amendment of this
chapter, the land shall be considered an undivided parcel and shall
be combined and redefined in such a way as to meet the requirements
of this chapter to the maximum possible extent.
In order to administer this chapter, the Zoning
Officer shall prepare a complete list of all nonconforming uses, buildings,
lots and signs in existence in the Township.