This article is intended to recognize the property rights of
owners of nonconforming structures and uses to the extent required
by law, while also recognizing the legitimate desire of the Township
to minimize nonconformities, since they are in derogation of the comprehensive
planning scheme reflected in this chapter.
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter or amendment thereto, may be continued although such
use or structure does not conform to the provisions of this chapter
provided said use or structure is not altered, expanded, enlarged
or extended except as hereinafter provided.
Any nonconforming lot may be used as a lot for purposes of zoning
provided:
A.
The subject lot is and has been held in single and separate ownership
from the date at which said lot originally became nonconforming. "Held
in single and separate ownership" for the purpose of this section
means that the current or former owner(s) of the subject lot have
not, and do not, own or have any interest whatsoever in any adjoining
property to the lot in question.
B.
That the owner of an isolated lot has made a good faith attempt to
sell the nonconforming lot to an adjoining property, or has offered
to purchase adjoining land to make the isolated nonconforming lot
conforming or more closely conforming to the provisions of this chapter.
C.
In the event different use types and associated lot sizes are permitted
within the zoning district in question, only the use or uses permitted
on the smallest or most closely related lot area and/or dimension
as the existing undersized lot shall be permitted by right. All other
uses shall only be permitted by special exception by the Zoning Hearing
Board.
D.
All structures proposed upon an existing nonconforming lot shall
meet all other requirements for the use and zone it which it is located
including but not necessarily limited to building and lot coverage,
yards, setbacks, height and parking requirements.
Where two or more adjacent lots, one or more of which is nonconforming,
are owned by the same owner, and the ownership of the lots is concurrent,
such lots shall be deemed to be merged into a single conforming or
more closely conforming lot. For the purpose of this chapter, the
merger of nonconforming lots shall occur upon the date said lots became
nonconforming or upon the date when adjacent property is purchased
by the same owner, whichever date shall first occur.
Absent documentation to the contrary as provided in § 153-905 below, whenever a nonconforming use has been discontinued for a continuous period of one year there is a rebuttable presumption of the intent to abandon said nonconforming use. Upon the abandonment of a nonconforming use, such use shall not thereafter be reestablished. Any subsequent use of such land or structure shall be in conformance with the provisions of this chapter.
In the event that a cessation of a nonconforming use occurs
for a period exceeding one year, the owner shall have the burden of
proof to clearly demonstrate to the Zoning Officer or Zoning Hearing
Board upon appeal, that there was no intent to abandon said use, in
which case, the existing use type and extent of use lawfully established
prior to the presumed cessation of use shall be registered with the
Zoning Officer and may then be continued as provided herein.
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under the following
conditions:
Any lawful nonconforming use or structure or portion thereof
may be expanded, provided:
A.
The proposed expansion shall take place only upon the lot held in
single and separate ownership as existed on the date the use became
nonconforming. A nonconforming use or structure shall be prohibited
from encroaching upon another parcel of land subsequently added to
the original parcel.
B.
The area of such use or structure shall not be increased by more
than 25% of the area of the use or structure as existed on the date
it became nonconforming.
C.
Any and all expansions of a nonconforming use or structure shall
conform to all height, area, width, yard and coverage requirements
for the district in which said use or structure is located. A structure
which is nonconforming in terms of height shall not be extended to
increase the height.
D.
Permission to extend a nonconforming use as described in this article
shall not be construed to mean that a new use or uses may be established.
E.
Structures or land uses that have reached their maximum expansion
allowance under previous ordinances are not eligible for additional
expansion under provision of this chapter.
A nonconforming structure or any structure containing a nonconforming
use which has been damaged or destroyed by fire, explosion, accident,
or calamity (as contrasted to deterioration due to time or neglect)
may be reconstructed and used for the nonconforming use, provided
that:
A.
The reconstructed structure shall not exceed in height, area and
volume the structure destroyed except that expansion may be made as
provided for herein.
B.
Building reconstruction shall be started within one year from the
date the building was destroyed and shall be carried on without interruption
and completed in a timely manner.
A nonconforming building which has been legally condemned shall
not be rebuilt or used for nonconforming purposes.
Normal and customary repairs and maintenance of a nonconforming
structure or use shall be permitted, provided such repair or maintenance
does not extend, expand, or increase the nonconformity.
The Zoning Officer may provide for the registration of all uses
which are nonconforming under the terms of this chapter within a reasonable
time after the effective date of this chapter or upon appeal of a
cessation of use. The record of nonconforming uses shall certify,
after inspection, the extent and kind of use and disposition of the
structure and land. Each occupant or owner of a premises used as a
nonconforming use or structure shall make available such information
as may be necessary to determine the extent and nature of the nonconformity
as established by this chapter.
