A.
Continuation. Any nonconforming structure existing on the effective
date of this chapter or created by an amendment to this chapter may
continue although such structure does not conform to the dimensional
requirements of this chapter.
B.
Restoration. A nonconforming structure which has been damaged or
destroyed by fire, explosion, windstorm, or other natural or criminal
acts shall meet the following restoration requirements:
(1)
A nonconforming structure with damage affecting not more than 75%
of its market value may be reconstructed providing the structure is
restored to meet the following requirements:
(a)
The restored structure shall not be more nonconforming in any
measurement than the original damaged structure.
(b)
The restoration of the structure shall commence within one year
from the date the structure was damaged and shall continue uninterrupted;
otherwise, the nonconforming structure status shall be abandoned.
[Amended 10-15-2019 by Ord. No. 278-08-2019]
(2)
A nonconforming structure that is destroyed or damaged by more than
75% of its market value may be rebuilt in the same or less nonconforming
manner, provided:
[Amended 10-15-2019 by Ord. No. 278-08-2019]
C.
Demolition. any nonconforming structure is destroyed or partially
destroyed and the owner has not moved forward to reconstruct or restore
the structure, the owner will be responsible for the complete removal
of the structure and debris, as well as the filling of any excavated
areas.
D.
Extension or alteration. The following requirements shall apply to
the extension or alteration of structures:
(1)
A nonconforming structure may be extended or altered, providing the extension or alteration conforms to all dimensional requirements and all other applicable regulations of this chapter. If the nonconforming structure also includes a nonconforming use, then the requirements of § 195-29 also apply.
(2)
The following exception shall apply to side yard and rear yard setbacks.
Where a structure is nonconforming as to a required side yard or rear
yard setback, the established nonconforming setback may be continued,
so long as the proposed extension or enlargement does not project
further into any yard than the extension of the original building
line. This exception shall not apply to an addition to a commercial
or industrial building for a yard adjacent to a residential lot.
A.
Continuation. Any nonconforming lot, due to its lot area or lot width,
existing as of the effective date of this chapter or created by an
amendment to this chapter may be continued although such lot does
not conform to the lot requirements for the district in which it is
located.
B.
Development. The following requirements apply to the development
and use of the nonconforming lot:
(1)
All the requirements of this chapter shall be met with the exception
of lot area and lot width; provided, however, that if, as a result
of the nonconformance of the lot area or lot width, the setbacks required
in the district in which the property is located cannot be met, then
the setbacks which are nonconforming may be modified to the least
modification necessary to use the lot for a purpose permitted in that
district, if approved as a variance by the Zoning Hearing Board. Furthermore,
no lot shall be developed unless the following requirements are met:
(a)
Each lot shall have a tested and approved on-lot wastewater
system site and replacement system site or access to public sewer.
(b)
Public water or an on-lot water well shall be provided. Additionally,
for those lots utilizing on-lot water, the minimum required isolation
distance between the well and any on-lot wastewater system shall be
provided.
(2)
Where possible, contiguous parcels under common ownership shall be
replatted to create conforming lots if:
A.
Continuation. Any nonconforming use existing on the effective date
of this chapter or created by an amendment to this chapter may be
continued although such use does not conform to the provisions of
this chapter. Change in ownership or possession of the use or property
shall not prevent the continuance of the nonconforming use.
B.
Extension. Extension of the nonconforming use shall be approved by the Zoning Hearing Board as a special exception subject to the following standards and the provisions of § 195-59D(2) of this chapter:
(1)
Extensions shall be limited to the lot occupying the use or a contiguous
lot.
(2)
The extension of the nonconforming use shall not replace a conforming
use.
(3)
The extension shall conform to the requirements of the underlying
district and applicable supplementary regulations including, but not
limited to: lot, building, setback, coverage, buffering, height, parking
and sign requirements.
(4)
The volume and area devoted to the extension shall meet the requirements
set forth below;
(a)
The extension of uses within structures shall not exceed an
increase of 50% of the original building volume or land area of the
nonconforming use, whichever is more restrictive. The original volume
and area is the volume and area devoted to the use as it existed on
the date such use became nonconforming.
(b)
Land operations involving agriculture activities may be extended
greater than 50% upon the approval of the Zoning Hearing Board.
C.
Change of use. The following regulations shall apply to the change
of nonconforming uses:
(1)
Once a nonconforming use has been changed to a conforming use, it
shall not be permitted to be changed back to a nonconforming use.
(2)
A nonconforming use shall be allowed to be changed to another nonconforming use upon application to the Zoning Hearing Board for a special exception and in accordance with § 195-59D(2) of this chapter and the following standards:
(a)
The existing nonconforming use shall have been lawful.
(b)
The applicant shall demonstrate the change will be less objectionable
in external effects than the existing nonconforming use including,
but not limited to:
[1]
Traffic safety or congestion impacts.
[2]
Environmental impact (e.g., noise, smoke, dust, fumes, vapors,
gases, heat, odor, glare or vibration).
[3]
Public health and safety hazards, including use or storage of
hazardous or toxic substances.
[4]
Compatibility with any adjacent existing dwellings, including
impacts from late night hours of operation.
(c)
The applicant shall demonstrate the change will meet other requirements
of this chapter, including parking and loading, buffering, and signage.
D.
Abandonment, discontinuance and delinquency.
(1)
The ceasing of a nonconforming use on land or in a building or structure
for a continuous period of one year or more shall be considered the
abandonment of the nonconforming use. This time limit shall be temporarily
extended where evidence is presented to the Zoning Officer of substantial
efforts to continue the nonconforming use, such as through property
improvements and/or actively seeking a buyer or tenant for the use.
Subsequent use of such building or structure shall be in conformity
with the provisions of this chapter.
(2)
The above time limit for a nonconforming use of land shall not apply
to normal farming practices.
(3)
In the case of the death of the property owner 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) and (2) above until the estate is settled or a court order has been entered regarding the estate's disposition. The one-year period provided in Subsection D(1) shall then apply after such settlement or court order.
(4)
A nonconforming use shall be deemed abandoned in the event the Township
or county acquires an unredeemed, tax delinquent property and sells
said property. Subsequent use of the land shall be in conformity with
the provisions of this chapter.
A.
An application for a certificate of nonconformance may be made to
the Township by the owner of any nonconformity as of the effective
date of this chapter or as of the effective date of an amendment creating
the nonconformity.
B.
The certificate of nonconformance shall set forth in detail all of
the nonconforming conditions of said property as of the effective
date of this chapter or as of the effective date of an amendment creating
the nonconformity. In order to obtain a certificate of nonconformance,
the burden of proof shall be placed upon the applicant to provide
suitable evidence.
C.
This certificate shall be for the purpose of insuring to such owner
the right to continue the nonconformity. However, failure to obtain
a certificate of nonconformance shall not by itself prevent an applicant
from later presenting evidence of their right to continue a nonconforming
use.
D.
The Township shall retain a copy of the certificate of nonconformance.
