A.
Intent. The purpose of this article is to acknowledge and regulate
nonconforming lots, structures or uses of land which existed lawfully
before the effective date of this chapter but which now no longer
conform to the provisions of this chapter. It is the intent of this
chapter to permit those nonconformities to continue until they are
removed but not to encourage their continuance since they would be
incompatible with uses authorized by this chapter.
B.
Existing illegal nonconformities. As a result of adoption of this chapter, no unauthorized use of land which was initiated illegally under previous zoning ordinances shall become a legal nonconforming use. Instead, they shall remain unauthorized and subject to the enforcement remedies under § 300-26 of this chapter.
C.
Construction in progress. No building or structure designed or intended
to be utilized for a nonconforming use shall be constructed or allowed.
However, to avoid undue hardship, if actual construction was begun
lawfully prior to the effective date of this chapter, or amendment
thereto, of a structure or use made nonconforming by this chapter
or amendment, a change in plans or use shall not be required, provided
construction shall be pursued diligently and completed within 12 months
from the date of enactment or amendment of this chapter. ("Actual
construction" shall mean the placing of construction materials in
permanent position and fastened in a permanent manner. Further, demolition
of an existing building which has been substantially begun in preparation
for building shall be deemed actual construction, provided that such
work shall be diligently carried out and completed.)
D.
Registration of nonconformities. All nonconforming uses and structures
shall be registered by the Zoning Officer upon application by the
landowner. Upon presentation of documentation acceptable to the Zoning
Officer that the use or structure was lawfully in existence prior
to the adoption of this chapter or any amendment thereto which created
the nonconformity, the Zoning Officer shall register the same as a
legal nonconforming use or structure.
A.
Any lot of record existing at the effective date of this chapter
or any amendment thereto, and held in separate ownership different
from the ownership of adjoining lots, may be used for the erection
of a structure conforming to the use regulations of the zoning district
in which the lot is located without a lot area or lot width variance
even though its lot area and lot width are less than the minimum required
by this chapter; however, such lot shall comply with the front, rear
and side yards, height and lot coverage standards of the zoning district
in which it is located.
B.
If two or more lots or combination of lots and portions of lots with
continuous frontage are held in single ownership and are of record
at the time of passage or amendment of this chapter, and if all or
part of the lots do not meet the requirements for lot area and width
as established by this chapter, the lands involved shall be considered
an undivided zoning lot for purposes of this chapter. No portion of
said undivided zoning lot shall be used or sold which does not meet
lot width and area requirements established by this chapter, nor shall
any division of said zoning lot be made which leaves any remaining
lot which does not meet all requirements of this chapter.
When a structure exists on a lot at the effective date of this
chapter, or any amendment thereto, and does not conform to the requirements
regarding height, setbacks, yards or lot coverage, said structures
may remain subject to the following:
A.
No such structure may be enlarged or structurally altered in a way
that would increase its nonconformity, except through a variance granted
by the Zoning Hearing Board which may authorize reasonable modifications.
B.
If a nonconforming structure is totally destroyed by fire or an act
of God, its replacement shall conform to the terms of this chapter.
If less than total destruction takes place, repairs or reconstruction
may be undertaken, provided that such restoration is started within
12 months from the date of damage and prior nonconformities are not
exceeded. (For the purposes of this section, "total destruction" shall
mean the destruction of the structure beyond 75% of the replacement
cost of the structure.)
C.
Should a nonconforming structure be moved for any reason, it shall
then conform to the requirements of the zoning district in which it
is located.
D.
Nonconforming signs may not be enlarged, added to or replaced by
another nonconforming sign, except that the interchange of poster
panels shall be permitted.
E.
Nonconforming signs may be repaired or reconstructed, provided that
no structural alterations are made which increase the gross surface
area of the sign; however, nonconforming signs which are damaged or
destroyed to an extent of more than 75% of their replacement cost
shall not be reconstructed, except in conformity with the provisions
of this chapter.
A.
Continuation. Where at the effective date of this chapter or any
amendment thereto a lawful use of a structure or lot exists that is
made no longer permissible under the use regulations of this chapter
or an amendment thereto, such use may be sold or otherwise transferred
to other owners and may be continued as long as it remains otherwise
lawful under the requirements of this article.
B.
Enlargement. No nonconforming use of a structure or land shall be
enlarged, increased in capacity or extended to occupy a greater lot
area than was occupied at the effective date of this chapter or amendment
thereto, except when required to do so by law or order, unless the
Zoning Hearing Board shall grant approval based on the following conditions:
(1)
The Zoning Hearing Board shall seek the review and comments
of the Planning Commission.
(2)
The enlargement, extension, reconstruction or alteration of
the nonconforming use may be accomplished in one or more phases, provided
the total of all such changes shall not increase the total building
or land area (measured in square feet) by more than 25% of the total
building or land area occupied at the time that the use became nonconforming
and the total cost of the expansion shall not exceed 25% of the total
assessed value of the building and the land at the time that the expansion
is proposed.
(3)
The area or configuration of the lot upon which a nonconforming
use is located shall not be increased or altered from that which existed
at the time the use became nonconforming; nor shall any nonconforming
use be extended to any other lot other than that upon which it was
originally located at the time that the use became nonconforming.
(4)
It shall be demonstrated to the satisfaction of the Zoning Hearing
Board that such extension or enlargement is reasonably necessary at
the concerned location because of normal and continued economic growth
of the use.
(5)
All other applicable regulations and other requirements of this
chapter shall be met, and the expansion or enlargement shall not eliminate
any required off-street parking or loading spaces.
(6)
The Zoning Hearing Board may impose such conditions and safeguards
as it deems necessary in order to protect adjacent conforming uses
and structures against the adverse effects of the nonconformity.
C.
Relocation. No such nonconforming use may be moved in whole or in part to any other portion of the lot occupied by such use, except as permitted by the Zoning Hearing Board, upon review by the Planning Commission, using the same criteria stated in Subsection B above.
D.
Nonconforming change of use.
(1)
If no structural alterations are made, any nonconforming use
may be changed to another nonconforming use, provided the Zoning Hearing
Board, either by general rule or by findings on a case-by-case basis,
finds that the proposed use is equal or more conforming. When a change
is made to a more conforming use, said use shall not thereafter be
changed back to a less conforming use.
(2)
When a nonconforming use is changed to an authorized use, it
shall thereafter conform to the applicable district requirements,
and the nonconforming use shall not thereafter be resumed.
E.
Extension of use within existing building. Any nonconforming use
may be extended through any parts of a building that were manifestly
arranged or designed for such use at the time of adoption or amendment
of this chapter, but no such use shall be extended to occupy any land
outside such building.
F.
Abandonment. When a nonconforming use is discontinued for 12 consecutive
months or 18 months in any three-year period, it shall be considered
abandoned and shall not thereafter be used except in conformance with
the regulations of the district in which it is located.
G.
Reconstruction. If a nonconforming use is totally destroyed by fire
or natural disaster, its replacement shall conform to the terms of
this chapter. If less than total destruction takes place, repairs
or reconstruction may be undertaken, provided that such restoration
is started within 12 months from the date of damage and prior nonconformities
are not exceeded.
(1)
For purposes of this article, "total destruction" shall mean
the destruction of the structure beyond 75% of the replacement cost
of the structure.
Nothing in this article shall be deemed to prevent the strengthening
or restoring to a safe condition any structure or part thereof declared
to be unsafe by any relevant regulatory agency or to prevent regular
maintenance of said structures.
The provisions of this article shall not apply to duly certified
national, state or local historical landmarks within Robinson Township.
