A use, building or structure, lawfully in existence
on the effective date of this chapter, which shall be made nonconforming
at the passage of this chapter, or any applicable amendment thereto,
may be continued except as otherwise provided in this section.
[Amended 6-19-2006 by Ord. No. 11-06; 8-16-2021 by Ord. No. 13-21]
Any nonconforming use or structure partially damaged or destroyed by design, intent, fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. All repairs shall be commenced within two years of such date or such use shall not be rebuilt except as a conforming use. In the event that substantial total destruction occurs, then the provisions of § 217-104 shall apply. A farm building on a farmland preserved lot, or an exception area on such lot, made nonconforming as a result of the acquisition of land by the Township of Washington may be continued, repaired, restored, reconstructed or enlarged, provided that any enlargement of the building does not extend or increase any nonconforming condition existing as of the date the land was acquired by the Township of Washington.
[Amended 8-16-2021 by Ord. No. 13-21]
When a nonconforming structure or use is destroyed
or damaged by design, intent, fire or other casualty or an act of
God beyond repair, the nonconforming structure or use shall thereafter
be terminated. Damage or destruction beyond repair, for purposes of
this section, shall occur when it is determined that the structure
or use is substantially totally destroyed with some quantity of destruction
that surpasses mere partial destruction.
Normal maintenance and repair of a nonconforming
structure or use is permitted, provided that it does not extend or
expand the nonconformance.
A nonconforming use not used for two consecutive
years and/or the change of use to a more restricted or conforming
use for any period of time shall be considered a termination of the
nonconforming use, and such nonconforming use shall not thereafter
be revived.
Any nonconforming structure or use lawfully
under construction on the effective date of this chapter, pursuant
to plans filed with the Construction Official and approved by him
and all other municipal boards and agencies as required under law,
may be completed and may be used for the nonconforming use for which
it was designed, to the same extent as if such building has been completed
and was in use on the effective date of this chapter.
A nonconforming residential use or structure
may be expanded to provide additional living space provided that the
expansion does not infringe further upon any nonconformance and further
provided that the number of units does not exceed the number allowed
in the zone.
[Added 10-15-2001 by Ord. No. 32-01; amended 10-21-2002 by Ord. No. 40-02; 5-19-2003 by Ord. No. 17-03; 12-21-2009 by Ord. No. 29-09; 2-15-2010 by Ord. No. 01-10; 4-18-2011 by Ord. No.
03-11]
Where an existing lot, conforming to zoning
as of October 15, 2001, has been made nonconforming as a result of
an amendment to this chapter, including the lots rezoned to the R-5
Conservation Zone by Section 1.b and 1.c. of Ordinance No. RO-01-10,[1] a new dwelling unit or addition(s) to existing dwelling
units or accessory buildings may be constructed on such lot, without
an appeal to the Zoning Board of Adjustment, according to the following
schedule.
|
Existing Lot Size
| ||||||
|---|---|---|---|---|---|---|
|
Up to 20,000 square feet
|
20,000 square feet or more but less than
40,000 square feet
|
40,000 square feet or more but less than
80,000 square feet
|
80,000 square feet or more but less than
120,000 square feet
|
120,000 square feet or more but less than
200,000 square feet
| ||
|
Principal Building
| ||||||
|
Minimum lot frontage (feet)
|
75
|
75
|
75
|
75
|
75
| |
|
Minimum yards:
| ||||||
|
Side yard (feet)
|
15
|
25
|
25
|
25
|
30
| |
|
Front yard (feet)
|
35
|
50
|
75
|
75
|
75
| |
|
Rear yard (feet)
|
50
|
50
|
100
|
100
|
100
| |
|
Accessory Building
| ||||||
|
Minimum distance to:
| ||||||
|
Side line (feet)
|
15
|
20
|
25
|
25
|
25
| |
|
Rear line (feet)
|
10
|
20
|
25
|
25
|
25
| |
|
Maximum percentage of improved lot coverage
|
25%
|
25%
|
15%
|
15%
|
15%
| |
[1]
Editor's Note: A complete copy of the ordinance is on file
in the Township offices.
[Added 11-19-2001 by Ord. No. 36-01]
A.
Purpose. The purpose of this section is to ensure
that the number of residential dwelling units permitted in a Farmland
Preservation Program-approved "severable exception" may be constructed
on the nonrestricted portion of a farmland preserved parcel of land
in accordance with the approved severable exception, without appeal
to the Zoning Board of Adjustment.
B.
Where, in the case of a farmland preserved parcel of land, a severable exception of the parcel is made nonconforming as a result of an amendment to this ordinance, a new dwelling unit or units may be constructed in accordance with the severable exception approved by the Farmland Preservation Program, without appeal to the Zoning Board of Adjustment, according to the schedule provided in § 217-108.1 of this chapter.
