A.
The purpose of this article is to regulate nonconforming uses, nonconforming
buildings and structures, nonconforming lots, and nonconforming signs.
The zoning districts established by this chapter are designed to guide
the future use of the Township's land by encouraging the development
of desirable residential, commercial, and other uses with appropriate
groupings of compatible and related uses that promote and protect
the public health, safety, and general welfare. The regulations of
this article are intended to restrict further investments that would
make nonconformities more permanent in their location in inappropriate
zoning districts as well as to afford opportunities for creative use
and reuse of those other nonconformities that contribute to a neighborhood
and are in consideration of the community development objectives of
the Township's Comprehensive Plan.
A.
The Zoning Officer shall identify and register all nonconforming
uses, buildings/structures, lots, and signs within the Township, together
with the reasons why the Zoning Officer identified them as nonconformities.
Legally registered nonconforming uses shall not lose their nonconforming
status due to acquisition in part for a state or local highway project,
whether by amicable deed or condemnation, that affects the dimensional
nonconformity of the property. If a variance request is deemed required
for such a property, the impact of the acquisition for public purposes
shall be an unnecessary hardship to the property.
A.
Continuation of nonconforming uses. Any lawfully existing nonconforming
use may be continued so long as it remains otherwise lawful, subject
to the regulations contained in this section.
B.
Change of nonconforming uses to conforming.
(1)
No nonconforming use shall be changed to another nonconforming building,
structure, or use.
(2)
Whenever any nonconforming use shall have been changed or altered
so as to conform to the provisions of this chapter or its amendments,
then such nonconforming use shall no longer be nonconforming to the
extent to which it then conforms to this chapter or its amendments.
(3)
The prior nonconforming use shall not be resumed; provided, however,
that if a later amendment to this chapter should make the use as so
changed or altered nonconforming with its provisions then such use
as changed or altered shall become a new nonconforming use to the
extent of such nonconformance or noncompliance.
C.
Expansion or extension of nonconforming uses.
(1)
No nonconforming use of a lot or structure shall be enlarged or increased
or extended to occupy a greater area than was occupied at the effective
date of adoption or amendment of this chapter, unless the ZHB, after
public hearing, shall interpret that the enlargement or extension
is necessary by the natural expansion and growth of trade of the nonconforming
use. Any such enlargement or expansion shall conform to the area,
height, and yard requirements of the zoning district in which it is
located.
(2)
No nonconforming use shall be moved in whole or in part to any other
portion of the lot occupied by such use at the effective date of adoption
or amendment of this chapter.
(3)
Any nonconforming use may be extended throughout any part of a structure
which was designed for such use at the time the use became nonconforming.
However, a nonconforming use shall not be extended to occupy any structure,
except on a lot or portion of a lot owned at the time the use became
nonconforming.
(4)
Whenever a zoning district shall be hereafter changed by a duly adopted
amendment to this chapter, then any existing legal, nonconforming
use of such changed zoning district may be continued, and such use
may be extended throughout the structure.
(5)
Whenever a zoning district shall be hereafter changed by a duly adopted
amendment to this chapter, then any existing legal, nonconforming
use of such changed zoning district may be continued, and such use
may be extended throughout the structure, provided that such extension
does not displace any residential use in a residential zoning district.
D.
Abandonment or discontinuance of nonconforming uses.
(1)
The lawful use of the land existing at the time this chapter or any
of its amendments was adopted, although such use does not conform
to the provisions hereof, may be continued, but if such nonconforming
use is abandoned for a period of one year, any future use of said
land shall conform to the provisions of this chapter.
(2)
Any subsequent use shall conform to the applicable provisions of
this chapter or its amendments and the prior nonconforming use shall
not be resumed, unless in accordance with the applicable provisions
of this chapter or its amendments.
(3)
For the purpose of this section, the following circumstances, which
shall not be exclusive, shall contribute towards evidence of discontinuance
or abandonment of a use:
(a)
Failure to maintain regular business hours, typical or normal
for the use (past operations of the use and/or industry standards
may be used to determine typical or normal hours); or
(b)
Failure to maintain equipment, supplies, or stock-in-trade,
which would be used for the active operation of the use; or
(c)
Failure to maintain utilities which would be used for the active
operation of the use; or
(d)
Failure to pay taxes, including but not limited to sales taxes,
workers' compensation taxes, corporate taxes, etc., that would
be required for the active operation of the use; or
(e)
Failure to maintain required local, state, or federal licenses
or other approvals that would be required for the active operation
of the use.
(4)
In the case of the death of the landowner and/or settling of an estate the discontinuance of the nonconforming use shall not be considered an abandonment of the use in accordance with Subsection D(1) above until the estate is settled or a court order has been entered regarding the estate's disposition. A one-year grace period after such settlement or court order shall apply.
E.
Nonconforming accessory uses and structures. No use, structure or
sign that is accessory to a principal nonconforming use shall continue
after such principal use or structure has been abandoned or removed,
unless it shall thereafter conform to all the regulations of the zoning
district in which it is located.
F.
Unsafe structures. Nothing in this chapter shall prevent the strengthening
or restoring to safe condition any portion of a building structure
that is declared unsafe by the proper authority.
G.
Unlawful use not authorized. Nothing in this chapter shall be interpreted
as authorization for approval of the continuance of the illegal use
of a structure or premises in violation of zoning controls in existence
at the time of the effective date of the legal enactment of this chapter.
A.
Continuation of nonconforming buildings or structures. Any nonconforming
building or structure which is devoted to a use which is permitted
in the zoning district in which it is located may be continued so
long as it remains otherwise lawful, subject to the restrictions in
this section.
B.
Structural alteration or enlargement of nonconforming buildings or
structures. The lawful use of a structure existing at the time of
the adoption of this chapter or an amendment hereto may be continued
or a structure lawfully under construction at the time of the enactment
of this chapter may be used as contemplated, although such use or
structure does not conform to the provisions hereof, and such use
may be extended throughout the structure, provided that such extension
does not displace any residential use in a residential zoning district.
No parking, yard, space, or bulk nonconformity may be created or increased.
C.
Changes to nonconforming buildings or structures to conforming.
(1)
Whenever any nonconforming building or structure shall have been
changed or altered to conform to the provisions of this chapter or
its amendments in effect at the time of such change or alteration,
or whenever any amendment to this chapter shall make such building
or structure conforming with the provisions of this chapter or its
amendments, then such building or structure shall remain in conformance
with the applicable provisions of this chapter or its amendments.
(2)
If a later amendment to this chapter should make the building or
structure as changed or altered nonconforming with its provisions,
then the building or structure as changed or altered will become a
legal nonconforming building or structure to the extent of such nonconformance
or noncompliance.
D.
Damage, destruction, or reconstruction of nonconforming buildings
or structures.
(1)
Any nonconforming building or structure which has been partially
or completely damaged or destroyed by fire or other means may be rebuilt
or repaired on its existing foundation even though such foundation
may violate the setback requirements for the zoning district in which
the structure is located, provided that the repair or reconstruction
of the structure occurs within one year of the date that the original
structure was damaged or destroyed.
(2)
When a building or structure is damaged or destroyed by any means
not within the control of the owner, to the extent of 60% or more
of the cost of replacement of the building or structure, the building
or structure shall not be restored unless it thereafter conforms to
the regulations of the zoning district in which it is located. No
parking, yard, space, or bulk nonconformity may be created or increased.
(3)
When a structure is damaged or destroyed by any means not within
the control of the owner thereof to the extent of 59% or less of the
cost of replacement of the structure new, repair or restoration of
such structure may be made; provided, however, that no parking, yard,
space, or bulk nonconformity is created or increased.
(4)
In no event shall any damage or destruction to such a structure by
any means within the control of the owner be repaired or restored,
except in accordance with this section.
E.
Expansion or extension of nonconforming buildings or structures.
(1)
Buildings or structures that are nonconforming on the effective date
of this chapter that already encroach on a required set back may be
permitted by the Zoning Officer to extend that encroachment and not
be considered an expansion of the nonconforming structure subject
to the following:
(2)
No nonconforming building or structure may be extended on the lot
on which it is located, nor may any nonconforming building or structure
be moved to a different position upon the lot on which it is located,
except to a position in conformity with the current Township Code,
except as a variance allowed by the ZHB pursuant to this chapter,
provided that structural alteration may be made pursuant to an order
of an authorized public officer to assure the safety of the structure.
(3)
Whenever a zoning district shall be hereafter changed by a duly adopted
amendment to this chapter, then any existing legal, nonconforming
structure of such changed zoning district may be continued, and such
use may be extended throughout the structure, provided that such extension
does not displace any residential use in a residential zoning district.
(4)
For dwellings, if the reason for the existing nonconformity consists
only of the inadequacy of required yards, then expansion may occur
without a conditional use permit if such expansion, extension, or
other increase in size in itself conforms with all applicable ordinances
and laws.
F.
Repairs, renovation, and modernization of nonconforming buildings
or structures.
(1)
Repairs, renovations and modernization of nonconforming buildings
or structures, such as renewal or replacement of outer surfaces, windows,
addition of soundproofing materials, air conditioning, and repair
or replacement of structural parts or members of the building or structure
shall be permitted notwithstanding other provisions of this chapter.
(2)
Such repairs, renovations, or modernizations are allowed provided
they do not change or alter substantially the physical configuration
of the nonconforming building or structure or change its position
on the ground.
(3)
No increase in the size of or area covered by the nonconforming use
or area of the use within the building or structure is allowed.
(4)
The areas of nonconforming use within a building or structure may
be rearranged in connection with such repairs, renovation, or modernization,
provided that no enlargement or expansion of the nonconforming use
occurs.
A.
In any zoning district in which single-family dwellings are a use
by right, notwithstanding the regulations imposed by any other provisions
of this chapter, a single-family detached dwelling which complies
with the yard, space, and bulk requirements of the zoning district
in which it is located may be erected on a nonconforming lot adjacent
to an improved street. Nothing in the requirements of this chapter
relating to lot area per dwelling unit shall be held to prohibit the
erection of a single-dwelling unit upon a lot having less than the
required street frontage or the area of which is less than that prescribed
as the lot area per dwelling unit, provided that such lot, at the
time of the passage of this chapter, was held under separate ownership
from any adjoining lots or provided that, at the time of the passage
of this chapter, a recorded plan of lots or subdivision of property
shows such lot to be a separate and distinct numbered lot.
A.
Continuation of nonconforming signs. Subject to the limitations and
termination provisions hereinafter set forth, any lawfully existing
nonconforming sign may be continued so long as it otherwise remains
lawful after the effective date of this chapter:
(1)
Alteration or moving. A nonconforming sign of any type may not be
moved to another position or location upon the building, structure,
or lot on which it is located, nor may the size or area of such nonconforming
sign be changed, or its structure or construction changed unless such
changes are minor in nature.
(2)
Damage, destruction, or replacement. Whenever any nonconforming sign
has been damaged or destroyed by any means to the extent of 60% of
its market value at the time of destruction or damage, such sign shall
not be restored or replaced, unless it conforms to all provisions
of this chapter.
(3)
Abandonment. If use of a nonconforming sign is abandoned for a continuous
period of more than one year, then such nonconforming sign together
with its panel cabinet, supports, braces, anchors, and electrical
equipment shall be removed within 14 days from the end of the aforesaid
one-year period and the use of such sign shall not be resumed except
in accordance with the provisions of this chapter.
(4)
Health, safety, and welfare. If any sign or supporting structure
subject to the regulation of the provisions of this chapter constitutes
a threat to health, safety, or welfare of the area surrounding said
sign or has been constructed, installed, or maintained in violation
of any provision of this chapter, the Zoning Officer shall give written
notice to the person or entity who owns or is maintaining such sign.
If the owner or entity maintaining such sign fails to modify the sign
so as to comply with the provisions of this article within 20 days
after the date of said written notice from the Zoning Officer, then
the Zoning Officer and other Township officials shall take steps as
necessary to promptly have said sign brought into compliance with
this chapter up to and including removal of the sign to comply with
this chapter.
