A.
Statement of intent.
(1)
The zoning districts established by this chapter are
designed to guide future uses of land in the Township by encouraging
the development of desirable residential, commercial and manufacturing
areas, with appropriate groupings of compatible and related uses,
to the end of promoting and protecting the public health, safety,
comfort, prosperity and other aspects of the general welfare.
(2)
To achieve this end, lawful existing uses which would
be prohibited or restricted under the terms of this chapter, or future
amendments, and which do not conform to the character and regulations
of the zoning district in which they are located must be subject to
certain limitations. The regulations set forth below are intended
to afford a means whereby nonconforming uses can be gradually eliminated.
(3)
Similarly, buildings or other structures which do
not comply with one or more of the applicable district requirements
as to lot width, minimum lot area and yard spaces, width of lot, coverage,
or height are deemed to be nonconforming.
(4)
Nonconforming uses and structures will be generally
permitted to remain and to be conveyed to new ownership. The purpose
of regulating them is to restrict further investment in uses or structures
which are inappropriate to their location.
(5)
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in plans, construction, or intended
use of any building on which actual construction was lawfully begun
prior to the effective date, or amendment, of this chapter and on
which actual building construction has been diligently carried on.
B.
Nonconforming use regulations. 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 amendments thereto, became nonconforming
may be continued so long as they remain otherwise lawful, subject
to the following regulations:
(1)
Enlargement. A nonconforming use may be enlarged or
increased, or extended to occupy a greater area of building or land
than was occupied at the effective date of this chapter or subsequent
amendments. However, such extension shall not exceed 25% of the area
occupied at the adoption of this chapter and must be approved by the
Zoning Administrator.
C.
Nonconforming building and structures regulations.
Buildings in existence on the effective date of this chapter and which
do not conform to the area and bulk regulations of this chapter applicable
to the districts in which they are located, may be continued, so long
as they remain otherwise lawful, subject to the following regulations:
(1)
Enlargement. A nonconforming building or structure
may be enlarged or increased, by an area not to exceed 25% of the
area occupied at the effective date of this chapter, or subsequent
amendments. However, no such enlargement may be made in a required
side yard.
D.
Nonconforming lots regulations. In any district, in
which single-family houses are permitted, notwithstanding the area
limitations imposed by other provisions of this chapter, a single-family
house and customary accessory buildings may be erected on any single
lot of record in existence at the effective date of adoption or amendment
of this chapter, provided the following requirements shall be observed:
(1)
Such lot must be in separate ownership, and not form
part of a continuous frontage with other lots in the same ownership.
(2)
This provision shall apply even though such lot fails
to meet requirements of area or width, or both, generally applicable
in the district in which the lot is located, and a variance shall
be issued by the Zoning Hearing Board, except as follows:
(a)
No application for a variance shall be accepted
if the area of the lot in question is less than 50% of the required
minimum lot area or width for the district in which it is located.
(b)
If two or more lots with continuous frontage
in single ownership are of record at the time of passage or amendment
of this chapter, and if all or part of the lots do not meet the requirements
for lot width and area established by this chapter, the lands involved
shall be considered an undivided parcel, and no portion of such parcel
shall be occupied or sold which does not meet lot width and area requirements
established by this chapter.
(c)
Variance from yard requirements shall be obtained
only through action of the Zoning Hearing Board.
