A property owner has a constitutional right to continue a lawful preexisting nonconforming condition and the Zoning Officer(s) shall issue to a property owner a zoning permit for any lawful preexisting nonconformity so long as the property owner can prove to the zoning officer that the lot, use or structure was lawfully in existence as of the time of the enactment of the ordinance with which the lot, use or structure is in violation. Once a zoning permit has been issued for the preexisting nonconformity, the nonconformity can continue until it is abandoned.
A. 
A preexisting nonconforming condition for which a zoning permit is issued creates a vested property right that shall run with the land, not the owner.
B. 
Uses and structures that do not comply with this Chapter 200 and that have no vested non-conforming rights are illegal and are required to be removed or converted to a conforming use and/or structure.
A nonconforming lot shall be developed in conformity with all applicable Township regulations except as provided below. However, if it is a lawful preexisting nonconforming lot of record, it may still be developed even if the lot's area and/or width do not meet the Township's requirements. Improvement of a lawful preexisting nonconforming lot cannot otherwise violate other dimensional requirements or increase the existing nonconformity, except pursuant to an approved zoning variance.
A. 
Residential use of a nonconforming lot. A single, permitted by right principal residential use and its customary accessory uses may be constructed, reconstructed or expanded on a lawful preexisting nonconforming lot, provided all of the following additional requirements are met:
(1) 
The lot must be a lawful preexisting nonconforming lot of record. All federal, state and local wetland regulations shall be met.
(2) 
Sewer or septic system and applicable well requirements shall be met.
(3) 
If the subject lot is in a recorded subdivision having yard setback requirements set forth on the recorded subdivision plan or in the recorded deed, those delineated yard setbacks shall be applied in place of the zoning yard requirements.
(4) 
If no yard setback requirements are set forth on the recorded plan or in the recorded deed, the following shall be applied for a single-family dwelling unit:
(a) 
Lots having a width of 100' or greater but less than 150' shall have a minimum side yard setback of 20'.
(b) 
Lots having a width of 79' or greater but less than 100' shall have a minimum side yard setback of 15'.
(c) 
Lots having a width of 49' or greater but less than 79' shall have a minimum side yard setback of 12'.
(d) 
Lots having a depth less than 100' shall have a minimum front yard setback of 30'.
(e) 
Lots having a depth less than 100' shall have a minimum rear yard setback of 20'.
(f) 
Triangular lots shall have a minimum front yard setback of 25'.
(g) 
Triangular lots shall have a minimum rear yard of 15'.
B. 
Non-residential use of a preexisting nonconforming lot. If a lawful preexisting nonconforming lot is proposed for or occupied by a principal non-residential use, then a building may be constructed on it for any use permitted by right in that district in which the lot is located provided that all requirements are met except for the existing lawful nonconformity, including the off-street parking and loading requirements and yard requirements for the applicable district.
A lawful preexisting nonconforming structure may be altered, reconstructed, enlarged and/or expanded, including an extension of a nonconforming building footprint, so long as the alteration, reconstruction, enlargement and/or expansion does not create a new dimensional nonconformity or worsen an existing dimensional nonconformity without the granting of a variance. In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements for nonconforming uses as set forth in this chapter.
A. 
Prior certificate of nonconformity. If a property has been previously issued a certificate for a nonconforming structure or a certificate for a structure containing a nonconforming use and said nonconforming structure is subsequently partially damaged or destroyed, then the landowner has a right to demolish and rebuild as follows:
(1) 
An application for a zoning and building permit must be submitted within 18 months after the date of damage or destruction;
(2) 
Work must commence within six months of the issuance of the building permit;
(3) 
No new nonconformity or increase in nonconformity may be created by any reconstruction; and
(4) 
The property must be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
B. 
No prior certificate of nonconformity. If the property did not have a certificate for a nonconforming structure or a certificate for a nonconforming use prior to the preexisting nonconforming structure being partially damaged or destroyed, the zoning officer shall issue to a property owner a zoning permit for any lawful preexisting nonconformity so long as the property owner can prove to the zoning officer that the lot, use or structure was lawfully in existence as of the time of the enactment of the ordinance with which the lot, use or structure is in violation. The property owner may then proceed in compliance with § 042-040.A.
C. 
C-1 Zoning District. Within the C-1 Zoning District only, a lawful preexisting nonconforming structure with respect to front yard setback requirements, which contains a conforming use and for which the nonconforming structure has been issued a certificate of nonconformity, may be demolished and rebuilt at the existing nonconforming setback line, provided that the following conditions are met:
(1) 
The new structure shall be located no closer to the street line at any point than the prior structure was located; and
(2) 
The building footprint that lies within the required front yard setback shall be no greater after reconstruction than the building footprint that was located within the required front yard setback prior to removal.
A. 
A lawful preexisting nonconforming use may be expanded (or subject to a series of expansions) by special exception approval, so long as the total percentage increase of the nonconforming condition that existed at the time of enactment of the ordinance that created the nonconforming condition is not increased by an aggregate amount greater than 100% of the nonconformity. The extent of the nonconforming use expansion shall be regulated based upon both total building floor area and total impervious coverage for the nonconforming use. This provision shall not allow an increase in a nonconforming height or an increase of the nonconformity of a sign or the number of nonconforming dwelling units.
B. 
Variance from percentage limitation. A property owner may seek a variance from the percentage limitation in § 042-050.A. so long as the property owner can satisfy the following four factors:
(1) 
That an unnecessary hardship exists which is not created by the party seeking the variance and which is caused by unique physical circumstances of the property for which the variance is sought;
(2) 
That a variance is needed to enable the party's reasonable use of the property;
(3) 
That the variance will not alter the essential character of the district or neighborhood, or substantially or permanently impair the use or development of the adjacent property such that it is detrimental to the public's welfare; and
(4) 
That the variance will afford the least intrusive solution.
The nature of a preexisting nonconforming use is determined from the actual use to which the property is put, rather than from the identity of the users. A modification of a preexisting nonconforming use to a new or changed use is prohibited subject to the following:
A. 
A proposed use need not be identical to the current use; it need only be sufficiently similar to the preexisting nonconforming use so as not to constitute a new or different use;
B. 
A change in technology is a continuation of a use;
C. 
A change in the intensity of a use is a continuation of a use; and
D. 
A change in use necessitated for compliance with a state or federal law is not an expansion.
A. 
Generally. A property owner may continue to operate under the protections of a lawful preexisting nonconforming status until such time as the use has been abandoned.
B. 
Burden of proof. The Township bears the burden of proving abandonment which is established by a two-pronged test: 1) intent to abandon and 2) actual abandonment.
C. 
Discontinuance provision. If a preexisting nonconforming use has not been used for a period of 18 consecutive months, this failure to use the non-conforming use shall establish the "intent to abandon" the nonconforming use.
(1) 
Once the Township establishes the "intent to abandon," the burden of persuasion shifts to the party challenging the claim of abandonment.
(2) 
If the challenger introduces evidence of contrary intent, the presumption of "intent to abandon" is rebutted and the burden of persuasion shifts back to the party claiming abandonment.
D. 
Actual abandonment. Actual abandonment cannot be inferred from or established by a period of nonuse alone. In addition, the Township must establish actual abandonment through the property owner's overt acts or failure to act.