A.
A nonconforming use is any use, whether of a building
or tract of land or both, existing on the effective date of this chapter
which does not conform to the use regulations of the district in which
it is located.
B.
The following provisions shall apply to all buildings
and uses existing on the effective date of this chapter which do not
conform to the requirements set forth in this chapter and to all buildings
and uses that become nonconforming by reason of any subsequent amendment
to this chapter.
C.
Any nonconforming use of buildings or open land, except those specified in § 255-71 below, may be continued indefinitely, provided that any such use:
(1)
Shall not be enlarged, altered, extended, reconstructed,
restored, or placed on a different portion of the lot or parcel of
land occupied by such uses on the effective date of this chapter,
without a special exception from the Zoning Hearing Board.
(a)
Any modification shall take place only on the
lot or contiguous lots held in the same ownership as that existing
at the time the uses became nonconforming.
(b)
Any modification shall conform with the area,
building height, parking, sign and other requirements of the district
in which said modification is located.
(2)
Shall not be moved to another location where such
use would be nonconforming.
(3)
Shall not be changed to another nonconforming use
without approval by the Zoning Hearing Board and then only to a use
which, in the opinion of the Zoning Hearing Board, is of the same
or of a more restricted nature.
(4)
Shall not be reestablished if such use has been discontinued
for any reason for a continuous period of one year or more, or has
been changed to or replaced by a conforming use; provided, however,
that in the event that the property on which the use has been discontinued
is listed for sale during the one year of discontinued use, then the
period for reestablishment of such discontinued use shall be extended
to a total continuous period of two years or less.
(5)
Shall have the right, within one year after damage to any structure from any cause, to be restored to its use prior to such damage, consistent with § 255-70; if the restoration of such building is not completed within the said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
D.
Notwithstanding
any of the above regulations, nothing in this article shall be deemed
to prevent normal maintenance and repair or any use of building, or
the carrying out upon the issuance of a building permit of major structural
alterations or demolitions necessary in the interest of public safety.
E.
Nothing
herein shall authorize or permit the continuation of a nonconformity
which existed at the time of the passage of this chapter, and for
which at that time proceedings had been begun by the Township for
violation of any prior Zoning Ordinance of the Township.
Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a building
permit has heretofore been issued and the construction of which shall
have been diligently prosecuted within three months of the date of
said permit.
All lawful uses existing at the effective date of this chapter
which do not conform to the requirements set forth in this chapter
or any amendments thereto may be identified and recorded by the Township
Zoning Officer within 90 days of the effective date of this chapter
or pertinent amendments thereto.
A.
A noncomplying building is any building which does
contain a use permitted in the district in which it is located, but
does not conform to the district regulations for: lot area, width
or depth; front, side or rear yards; maximum height; lot coverage;
or minimum livable floor area per dwelling unit.
B.
Nothing in this article shall be deemed to prevent
normal maintenance and repair, structural alteration in, moving, reconstruction,
or enlargement of a noncomplying building, provided that such action
does not increase the degree of or create any new nonconformity with
regards to the regulations pertaining to such buildings.
In any district where dwellings are permitted, a single-family
dwelling may be located on any lot or plot of official record as of
the effective date of this chapter irrespective of its area or width
or depth, sewage disposal and driveway connection to a public road.
When the lot does not meet the minimum lot area, depth or width for
the district in which it is located, the following modifications may
be applied:
A.
The sum of the side yard widths of any such lot or
plot need not exceed 30% of the width of the lot, but in no case shall
any one side yard be less than 10% of the width of the lot.
B.
The depth
of the rear yard of any such lot need not exceed 20% of the depth
of the lot, but in no case shall it be less than ten feet.
All uses or buildings which are deemed to be
nonconforming under the provisions of this chapter and which are located
in the (FP) Floodplain District may be continued, maintained, and
floodproofed, except as provided hereafter:
A.
Nonconforming uses or structures which have been discontinued
or vacated for one year shall be considered abandoned. Vacation of
land or structures or the nonoperative status of the use normally
carried on by the property shall be evidence of discontinuance. No
abandoned use or structure may be reestablished, repaired, or reoccupied.
The Board of Supervisors may require the removal of any abandoned
nonconforming use or structure upon proper notice to the owner of
the property on which an abandoned nonconforming use or structure
exists. If the owner has not completely removed the abandoned use
or structure within a reasonable amount of time, not to exceed nine
months, the Board of Supervisors shall have the authority to itself
cause the removal to be accomplished, the costs of such removal to
be paid by the property owner.
B.
A nonconforming use or structure may not be expanded
or modified in any manner which would increase or aggravate flooding
or flood hazards. Nothing shall be done which would otherwise violate
any of the provisions of this chapter.
C.
Replacement and rebuilding:
(1)
A nonconforming use or structure may be replaced,
repaired, or rebuilt if it is damaged or destroyed by any means, including
floods, to the extent of less than 50% of its fair market value at
the time of its damage or destruction. In such a case, however, the
nonconformity of the new use or structure with respect to requirements
as expressed in provisions of this chapter shall not exceed that of
the original use or structure which was damaged or destroyed. Nothing
shall be done which would otherwise violate any of the provisions
of this section.
(2)
A nonconforming use or structure which has been damaged
or destroyed by any means, including floods, to the extent of 50%
or more of its fair market value at the time of its damage or destruction
may not be replaced, restored, repaired, reconstructed, improved,
or rebuilt in any way other than in complete conformity and full compliance
with all provisions of this chapter, and all other ordinances of East
Manchester Township.
(3)
The Zoning Officer shall have the initial responsibility
of determining the percent of damage or destruction and the fair market
value of the damaged or destroyed use or structure at the time of
its damage or destruction, and may call on any experts or authorities
he/she may deem necessary to assist him/her in arriving at a fair
and impartial determination. Appeals of the decision of the Zoning
Officer may be made to the Zoning Hearing Board.[1]
[1]
Editor's Note: Original Sec. 706, Subsection D, regarding
nonconforming structures and buildings, and Subsection E, Special
requirements for manufactured homes in floodplain areas, which immediately
followed this subsection, were deleted 11-10-2009 by Ord. No. 2009-3.
