All lawful uses of land or of a building, sign,
or other structure existing on the effective date of this chapter
may be continued, altered, restored, reconstructed, changed, sold,
or maintained even though such use may not conform to the use, height,
area, yard, and other regulations of the district in which it is located,
provided such nonconforming conditions shall comply with the following.
The Zoning Officer shall identify and register
all of the premises occupied by a lawful nonconforming use or building
existing at the effective date of this chapter and issue a certificate
of nonconformance which shall be for the purpose of insuring to the
owner the right to continue a nonconforming building or use.
Repairs and structural alterations may be made
to a nonconforming building or a building occupied by a nonconforming
use, provided such alterations and repairs conform with regulations
set forth in this chapter and all other applicable codes and ordinances
adopted by the Township.
A.
The types of extensions and enlargements listed below
are permitted for nonconforming uses and buildings existing on the
effective date of this chapter:
(1)
The extension of a nonconforming use of land
upon a lot occupied by such use.
(2)
The extension or enlargement of a conforming
building occupied by a nonconforming use.
(3)
The extension or enlargement of a nonconforming
building occupied by a nonconforming use.
(4)
The extension or enlargement of a nonconforming
building occupied by a conforming use.
B.
The foregoing extensions or enlargements of such nonconforming
buildings or uses shall be subject to the following conditions:
(1)
The extension or enlargement shall conform to
the height, area, yard, and coverage regulations of the district in
which it is located. 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, whether front, side or rear
yard, than the original building line extended. Extension or enlargement
shall not exceed 50% of the existing floor area or use.
(2)
The entire building or use shall be provided with off-street parking and loading spaces as required by Article XIV herein.
[Amended 10-16-2001 by Ord. No. 44]
(3)
The extension or enlargement does not replace
a conforming use.
(4)
The extension or enlargement of a building used
for a nonconforming use shall not be permitted to extend into vacant
parcels of land adjacent to the initial parcel of land existing and
occupied on the effective date of this chapter, where such vacant
parcels have been recorded separately or acquired following the effective
date of this chapter.
(5)
Any lawful nonconforming use of a building or
land may be changed to another nonconforming use of substantially
the same character upon approval by the Zoning Officer that the proposed
change in nonconforming use will not increase the need for off-street
parking, produce any noise, glare, heat, dust, traffic violation,
or illumination in excess of the existing nonconforming use. Any aggrieved
party may appeal to the Zoning Hearing Board within 30 days of the
grant or denial of the application by the Zoning Officer.
[Amended 3-6-2012 by Ord. No. 60]
A nonconforming building or use which is damaged
by fire, explosion, windstorm or other natural or criminal acts, may
be reconstructed and used for the same purposes, provided that:
A.
The reconstruction and/or restoration of the building
is commenced within one year from the date of occurrence of the damage
and is carried to completion without undue delay, and
B.
The reconstructed building or occupied area does not
exceed the height, area, and volume of the original structure and
occupied use.
If a nonconforming use of land or building ceases
operations for a continuous period of more than 18 months, then such
use and any subsequent use or building shall conform to the regulations
of this chapter.
[Amended 12-2-2003 by Ord. No. 51]
A.
Where a building permit has been issued 90 or more
days prior to the effective date of this chapter and the proposed
building or use does not conform to the requirements of this chapter,
the proposed building or use shall be considered the same as a lawful
building or use and shall be regulated by the requirements of this
article.
B.
Where a building permit has been issued less than
90 days prior to the effective date of this chapter and the proposed
building or use does not conform to the requirements of this chapter,
the proposed building or use shall be considered the same as a lawful
building or use and shall be regulated by the requirements of this
article, only if a least one of the following conditions has been
met prior to the effective date of this chapter:
