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 districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood and are consistent with the goals of the Township's Comprehensive Plan.
The Zoning Officer shall identify and register all nonconforming uses, buildings/structures, and lots 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 use. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed.
B. 
Structural alteration or enlargement of nonconforming use. No structure containing a nonconforming use shall be structurally altered or enlarged unless the use thereof shall thereafter conform to the regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
C. 
Change of nonconforming use to conforming.
(1) 
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.
(2) 
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.
D. 
Expansion or extension of nonconforming use.
(1) 
No nonconforming use may be extended or expanded in any building or structure, or in or on the lot on which it is located, nor may any nonconforming use be moved to a different position upon the lot on which it is located, so as to alter the use or its location which existed at the time that the use became nonconforming.
(2) 
A nonconforming use or structure may not be extended, expanded, structurally altered or changed unless to a conforming use or structure, except as a conditional use allowed by the governing body 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 use district shall be hereafter changed by a duly adopted amendment to this chapter, then any existing legal, nonconforming use of such changed district may be continued, and such use may be extended throughout the structure, provided that such extension does not displace any residential use in an E, S or R District.
E. 
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.
F. 
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.
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 an S or R 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 nonconforming building or structure to the extent of such nonconformance or noncompliance.
D. 
Damage or destruction of nonconforming buildings or structures.
(1) 
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 structure, the structure shall not be restored unless its use thereafter conforms to the use regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
(2) 
When a structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 60% 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.
(3) 
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) 
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 Codes, except as a conditional use allowed by the governing body 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.
(2) 
Whenever a use district shall be hereafter changed by a duly adopted amendment to this chapter, then any existing legal, nonconforming structure of such changed district may be continued, and such use may be extended throughout the structure, provided that such extension does not displace any residential use in an E, S or R District.
(3) 
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.
G. 
Reconstruction of nonconforming buildings or structures.
(1) 
In the event that any nonconforming building or structure is destroyed or partially destroyed by fire, explosion or other cause, the nonconforming building or structure may be reconstructed and the nonconforming use thereof continued if the reconstruction is commenced within one year of the date of destruction or damage.
(2) 
If reconstruction does not commence within one year after the occurrence of the damage or destruction, or is not thereafter diligently completed, then any use, building, or structure on the lot shall conform to the provisions of this chapter.
(3) 
The reconstruction of the said building or structure shall not exceed the size of the nonconforming building or structure destroyed or damaged and shall be placed in the same location on the ground as the nonconforming building or structure destroyed or damaged.
(4) 
The nonconforming use thereof shall not differ from that existing prior to such damage or destruction unless a variance is applied for and obtained under this chapter, except that the repair, renovation and modernization of such nonconforming building or structure authorized by this section shall nevertheless be permitted.
(5) 
Any such reconstruction shall be subject to and in accordance with any applicable building, electrical, fire and plumbing codes, safety regulations or other regulations or laws.
A. 
In any 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 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.
B. 
In any district in which single-family dwellings are not permitted, a nonconforming lot of record may be used for any use by right in the district in which it is located if land development approval is granted in accordance with the provisions of Chapter 78.
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:
A. 
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.
B. 
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.
C. 
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.