All uses, structures, lots and signs that do
not conform to regulations of the district in which they are located,
but were in lawful existence prior to the effective date of this chapter,
shall be known and regarded as nonconforming and the following regulations
shall apply to them.
Any lawful building or other structure, or any
lawful use of a building, land or sign legally existing at the time
of adoption of this chapter, or authorized by a building permit issued
prior thereto, may be continued in the form evident at the time of
adoption of this chapter although such use does not conform to the
provisions of this chapter.
A.
Extension or enlargement. The nonconforming use of
a building or of a lot shall not be extended or enlarged, so as to
use other portions of the building or lot and a nonconforming building
housing a nonconforming or permitted use shall not be extended or
structurally altered, except insofar as is permitted by law to assure
the structural safety of the building; unless the Zoning Hearing Board
shall by special exception as hereinafter provided, authorize the
extension or enlargement of such use or building. The Zoning Hearing
Board, upon proper application may grant such special exception provided
that:
(1)
It is clear that such extension is not materially
detrimental to the character of the surrounding area or to the interest
of the municipality.
(2)
The area devoted to the nonconforming use shall not
be increased by more than a total of 25%.
(3)
Any extension or enlargement of the building or of
a lot having a nonconforming use shall conform to all area and bulk
regulations of the district in which it is situated and to all regulations
applicable to such a use in the district or districts in which the
nonconforming use shall be limited to the lot which was in existence
at the time of adoption of this chapter.
B.
Change of use. A nonconforming use may be changed
to another nonconforming use by the grant of a special exception only
upon determination by the Zoning Hearing Board, after public hearing,
that the proposed new use will be similar to or less detrimental to
its neighborhood and abutting properties than is the use it is to
replace. In evaluating relative detriment, the Zoning Hearing Board
shall take into consideration, among other things, potential traffic
generation; nuisance characteristics (such as emission of noise, dust,
odor, glare and smoke); fire hazards; and hours and manner of operation.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
C.
Restoration. A structure containing a nonconforming
use involuntarily destroyed by 75% or less of its value by fire, explosion,
flood or other phenomena, or legally condemned, may be reconstructed
and used for the same nonconforming use, provided that:
(1)
Reconstruction of the structure shall commence within
one year from the date the structure was destroyed or condemned and
shall be completed within one year of the date commenced.
D.
Discontinuance. If a nonconforming use of a building
or land is discontinued or otherwise totally ceases for a continuous
period of one year or more, subsequent use of such building or land
shall conform to the provisions of this chapter.
E.
Abandonment. If a nonconforming use of a structure
or land is raised, removed or abandoned for 12 consecutive months,
subsequent use of such building or land shall conform with the regulations
of the district in which it is located. However, the same or another
nonconforming use shall be allowed provided the request for the nonconforming
use is filed and approved by the Board within the twelve-month period.
The permit application for such approval shall be filed within 30
days after the decision of the Board with regard to the nonconforming
use.
A.
Extension or enlargement.
(1)
Nonconforming structures may be altered, renovated, or enlarged, provided that such alteration, renovation or enlargement does not increase the floor area of the nonconforming structure by more than 25% of the floor area of the structure as it existed on the date when the structure became nonconforming. Such alteration, renovation or enlargement shall be authorized as a special exception by the Zoning Hearing Board and shall not increase any existing nonconforming and shall comply with all area and bulk regulations. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 200-102A of this article. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 200-102C of this article.
(2)
Any structural alteration, extension or addition to
existing buildings shall conform with all area, height, width, yard
and coverage requirements for the district in which it is located
as well as Building Code regulations currently in effect.
B.
Restoration. Any lawful nonconforming building or
other structure which has been involuntarily damaged or destroyed
by 75% or less of its value by fire, explosion, windstorm, other active
cause or legally condemned may be reconstructed in the same location,
provided that:
(1)
The reconstructed building or structure shall not exceed the height, area or bulk permitted by Subsection A or the original building, whichever shall be the more limited, except as specified by § 200-57.
(2)
Reconstruction shall begin within one year from the
date of damage or destruction and shall be completed without interruption.
A.
A building may be constructed on an nonconforming
lot of record in existence at the effective date of this chapter.
If the side, rear or front yard setback requirements cannot be met,
a special exception may be authorized by the Zoning Hearing Board.
Contiguous nonconforming lots under common ownership shall be considered
one lot.
B.
No lot area shall be reduced so that the area or width
of the lot or the applicable setback dimensions shall be smaller than
herein prescribed.
C.
An existing structure located on a lot nonconforming as to area may be used for the use permitted in the district in which it is located, provided the structure complies within all bulk requirements of that district. If a nonconforming structure is located on a nonconforming lot, such structure may be used for a use permitted in the district in which it is located when it is determined by the Zoning Hearing Board on appeal, that the proposed use is not injurious to health, safety, morals, and general welfare of the Township in general and the surrounding property owners in particular, and provided that the requirements of § 200-103C are met.
[Amended 12-15-2003 by Ord. No. 03-05]
A.
Area. The total area of all such signs relating to
a single use at the effective date of this chapter, or at the effective
date of any amendment of this chapter by which any sign shall be made
nonconforming, shall not be increased.
B.
Replacement. No such sign shall be physically altered
or replaced except for relettering. Nonconforming signs, once removed,
may be replaced only by conforming signs unless authorized by the
Zoning Hearing Board.
C.
Discontinuance. Whenever any nonconforming use of
building, structure, or land, or of a combination of buildings, structures,
and land ceases as prescribed in this section, all signs accessory
to such use shall be deemed to become nonconforming and shall be removed
within three calendar months from the date such use terminates.
