A property owner has a constitutional right to continue a nonconforming
condition and the Zoning Officer(s) shall issue to a property owner
a zoning permit for any 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 an ordinance
with which the lot, use or structure is in violation. Once a zoning
permit has been issued for the nonconformity, the nonconformity can
continue until it is abandoned. 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. A use or structure that
is approved by the Township and subsequently becomes part of an Overlay
District shall not be considered a nonconforming use. Uses and structures
with no vested rights are illegal and require removal.
Nonconforming lots in all zoning districts. A nonconforming
lot enjoys the protections afforded by such attribution; however,
such lot shall be developed in conformity with all applicable district
regulations other than minimum lot area, and lot width, including
side and rear yard setbacks. Improvement of a nonconforming lot cannot
otherwise violate other dimensional requirements or increase the existing
nonconformity, except pursuant to variance application procedures
as hereinafter set forth:
A. Permitted construction on a nonconforming lot. A single, permitted-by-right
principal use and its customary accessory uses may be constructed,
reconstructed or expanded on a nonconforming lot, provided all of
the following additional requirements are met:
(1)
The lot must be a lawful nonconforming lot of record. All federal,
state and local wetland regulations shall be met.
(2)
Sewer and well requirements shall be met.
(3)
If the subject lot is in a recorded subdivision having yard
setback requirements set forth on the recorded plan or in the recorded
deed, those delineated yard setbacks shall be applied.
(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 feet or greater but
less than 150 feet shall have a minimum side yard setback of 20 feet.
(b) Lots having a width of 79 feet or greater but less
than 100 feet shall have a minimum side yard setback of 15 feet.
(c) Lots having a width of 49 feet or greater but less
than 79 feet shall have a minimum side yard setback of 12 feet.
(d) Lots having a depth of less than 100 feet shall
have a minimum front yard setback of 30 feet.
(e) Lots having a depth of less than 100 feet shall
have a minimum rear yard setback of 20 feet.
(f) Triangular lots shall have a minimum front yard
setback of 25 feet.
(g) Triangular lots shall have a minimum rear yard
setback of 15 feet.
(5)
Nonconforming lots in nonresidential districts. If a nonconforming
lot is located in a nonresidential district, then a building may be
constructed on it for any use permitted in that district in which
the lot is located, provided that the off-street parking and loading
requirements, including all yard requirements for the applicable district,
are complied with.
A structure that is nonconforming 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.
The nature of a 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 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 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.