A.
Continuation. Any nonconforming structure existing on the effective
date of this chapter or created by an amendment to this chapter may
continue, although such structure does not conform to the dimensional
requirements of this chapter.
B.
Restoration. A nonconforming structure which has been damaged or
destroyed by fire, explosion, windstorm or other natural or criminal
acts shall meet the following restoration requirements:
(1)
The restored structure shall not exceed the height, area and volume
of the original damaged structure.
(2)
The restoration of the structure shall commence within one year following
the settlement of all claims or, if no claims exist, from the date
the structure was damaged and shall continue uninterrupted, otherwise
the nonconforming-structure status shall be void.
C.
Demolition. In the event any nonconforming building is destroyed
or partially destroyed and the owner has determined reconstruction/restoration
to be infeasible, the owner will be responsible for the complete removal
of the structure and debris as well as the filling of any excavated
areas.
D.
Extension or alteration. The following requirements shall apply to
the extension or alteration of structures:
(1)
A nonconforming structure may be extended or altered, provided the
extension or alteration conforms to all dimensional requirements and
all other applicable regulations of this chapter.
(2)
The following exception shall apply to side yard and rear yard setbacks.
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 than the extension of the original building
line.
A.
Continuation. Any nonconforming lot, due to its lot area or lot width,
existing as of the effective date of this chapter or created by an
amendment to this chapter may be continued, although such lot does
not conform to the lot requirements for the district in which it is
located.
B.
Development. The following requirements apply to the development
and use of the nonconforming lot. All the requirements of this chapter
shall be met, with the exception of lot area and lot width. Furthermore,
no lot shall be developed unless the following requirements are met:
(1)
Each lot shall have an approved on-lot wastewater system and replacement
system or access to public sewer.
(2)
Public water or an on-lot water well shall be provided. Additionally,
for those lots utilizing on-lot water, the minimum required isolation
distance between the well and the on-lot wastewater system shall be
provided.
A.
Continuation. Any nonconforming use existing on the effective date
of this chapter or created by an amendment to this chapter may be
continued, although such use does not conform to the provisions of
this chapter. Change in ownership or possession of the use or property
shall not prevent the continuance of the nonconforming use.
B.
Extension. Extension of the nonconforming use shall be approved by the Zoning Hearing Board as a special exception, subject to the following standards and the provisions of § 140-61E of this chapter:
(1)
Extensions shall be limited to the lot containing the use at the
time the use became nonconforming.
(2)
The extension of the nonconforming use shall not replace a conforming
use.
(3)
The extension shall conform to the requirements of the underlying
district and applicable supplementary regulations, including, but
not limited to, lot, building, setback, coverage, buffering, height,
parking and sign requirements.
(4)
The volume and area devoted to the extension shall meet the requirements
set forth below:
(a)
The extension of nonconforming uses within an existing structure,
or the extension of nonconforming uses to other structures on the
site or to additions to the existing structure or structures shall
in the aggregate be limited as follows:
[Amended 6-7-2010 by Ord. No. 2010-01]
[1]
Fifty percent of the original volume or area of the nonconforming
use in the EC-1 and EC-2 Zoning Districts.
[2]
Twenty percent of the original volume or area of the nonconforming
use in all other zoning districts.
[3]
The "original volume or area" is the volume or area devoted to the
use as it existed on the date such use became nonconforming.
(b)
Land operations which are nonconforming uses (e.g., mineral
recovery operations, agriculture activities, junkyards, and landfills)
may be extended greater than 20% upon the approval of the Zoning Hearing
Board.
C.
Change of use. The following regulations shall apply to the change
of nonconforming uses:
(1)
A nonconforming use changed to a conforming use shall not be permitted
to be changed back to a nonconforming use.
(2)
A nonconforming use shall be permitted to be changed to another nonconforming use upon application to the Zoning Hearing Board for a special exception and in accordance with § 140-61E of this chapter and the following standards:
(a)
The applicant shall show that the nonconforming use cannot be
changed reasonably to a permitted use.
(b)
The applicant shall demonstrate that the change will be less
objectionable in external effects than the existing nonconforming
use, including, but not limited to:
(c)
The applicant shall demonstrate that the change will meet other
requirements of this chapter, including parking and loading, buffering
and signage.
D.
Abandonment, discontinuance and delinquency.
(1)
A nonconforming use shall not be reestablished if such use has been
discontinued for any reason for a period of one year or more (except
in cases where the discontinuance was caused by circumstances beyond
the control of the owner) or if such use has been changed to or replaced
by a conforming use. Intent to resume a nonconforming use shall not
confer the right to do so.
(2)
A nonconforming use shall not be restored, other than in the case
where a nonconforming use sustained considerable damage from any cause,
unless restoration is initiated within one year of such damage. If
restoration of such building is not initiated and/or completed within
one year of such damage, the nonconforming use of such building shall
be deemed to have been discontinued, unless such nonconforming use
is or has been carried on without interruption in an undamaged portion
of such building.
A.
An application for a certificate of nonconformance may be made to
the Township by the owner of any nonconformity, with the assistance
of the Zoning Officer, as of the effective date of this chapter or
as of the effective date of an amendment creating the nonconformity.
B.
For previously unregistered nonconformities, the Zoning Officer shall
provide the property owner with an application for a certificate of
nonconformance at the time such nonconformity is discovered.
C.
The certificate of nonconformance shall set forth in detail all of
the nonconforming conditions of said property as of the effective
date of this chapter or as of the effective date of an amendment creating
the nonconformity.
D.
The Township shall retain a copy of the certificate of nonconformance.
E.
The Zoning Officer's fee for assistance shall be in accordance with
a fee schedule established by the Straban Township Board of Supervisors.
F.
The Zoning Officer shall investigate the content of any application
for registration of nonconformity. If the Zoning Officer is able to
verify the existence of the nonconformity at the time that the land,
use, and/or structure became a nonconformity, he shall issue a certificate
of nonconformity. Otherwise, the Zoning Officer shall deny the application
and advise the applicant of that decision, and of the applicant's
right to appeal that decision to the Zoning Hearing Board.
