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
amendment thereto, become nonconforming may be continued so long as
they remain otherwise lawful, including subsequent sales of the property.
A.
No structural alterations or additions or enlargements
of any nonconforming building, structure or land will be permitted
which would violate the side, front or rear yard setback lines or
building coverage of the zone in which the building, structure or
land is located, provided that in residential zones where there is
a nonconforming use as to side, front or rear yard setback line, a
permissible alteration or addition may be built on the line with the
existing side, front or rear nonconforming building line, respectively,
except that a violation of a setback line not previously violated
shall not be permitted.
[Amended 2-21-1978 by Ord. No. 197; 8-7-1995 by Ord. No.
343]
B.
No nonconforming building or structure shall be moved
in whole or in part to another location on the lot unless every portion
of said building or structure is made to conform to all the regulations
of the district in which it is located.
C.
Notwithstanding the requirements of Subsection A of this section, an existing nonconforming building, structure or use may be expanded or extended when authorized as a special exception by the Zoning Hearing Board, up to a total maximum of 50% of the area devoted to the use as of the effective date of this chapter or subsequent amendment thereto at which time the use became nonconforming. The "area devoted to the use" shall mean the total of the gross floor area and, for any portions of the use not conducted in a building, the lot area actually utilized in connection with the nonconforming use; provided, further, that any expansion shall be limited to the lot on which the building, structure or use is located, as that lot was defined when the building, structure or use became nonconforming.
[Added 8-7-1995 by Ord. No. 343]
If a nonconforming use of land or a building
ceases operations for a continuous period of more than one year, then
this shall be deemed to be an intent to abandon such use and any subsequent
use of land shall conform to the regulations of this chapter.
[Amended 8-7-1995 by Ord. No. 343]
A nonconforming building or structure (e.g., residential use of a commercial building) shall not be changed except to a conforming use or to another nonconforming use as a special exception, with the approval of the Zoning Hearing Board, upon a finding that the new use is the same or of a more restrictive nature than the existing nonconforming use. If an existing nonconforming use is discontinued as defined in § 182-174 of this chapter or changed to a conforming use, future use of such building, structure or portion shall be in conformity with the regulations of this chapter.
A.
In the event that a nonconforming use in any district
is destroyed or partially destroyed by fire, explosion or other cause
or otherwise damaged either to the extent of two or more times its
assessed valuation (as determined from the assessment rolls effective
at the date of damage or destruction) or 1/2 the bulk of all buildings,
structures or other improvements on the lot, such nonconforming uses
shall terminate and the lot shall thereafter be used only for conforming
uses.
B.
In any case, whether conforming or nonconforming,
the remains of any building so destroyed must be removed from the
premises within six calendar months so that the same shall not remain
as a nuisance thereon.
[Amended 2-21-1978 by Ord. No. 197; 9-20-1982 by Ord. No.
231; 3-15-2004 by Ord. No. 435]
Any lot of public record not otherwise restricted
from development in single and separate ownership at the time of enactment
of this chapter or applicable amendment thereto which does not meet
the minimum area or lot width requirements of the district in which
it is located shall be considered a nonconforming lot. Said lot may
be developed consistent with the use and dimensional standards of
the district in which it is located, provided that if any setback
standards cannot be met, the applicant shall apply to the Zoning Hearing
Board for request of the necessary variance(s). Provided further,
however, that if the area of the lot in question is less than 50%
of the required minimum for the district in which it is located and
if two or more lots with continuous frontage in a single ownership
are of record at the time of passage or applicable amendment of this
chapter, the land shall be considered an undivided parcel and shall
be combined and redefined in such a way as to meet the requirements
of this chapter to the maximum possible extent.
In order to administer this chapter, the Zoning
Officer shall prepare a complete list of all nonconforming uses, buildings,
lots and signs in existence in the Township.
