Any lawful building or other structure or any lawful use of a building,
land, or sign legally existing at the time of adoption of this chapter,
or authorized by a building permit issued prior thereto, may be continued
in the form evident at the time of adoption of this chapter.
A nonconforming use, nonconforming structure and nonconforming lot
may be transferred, and the new owner may continue the nonconforming
use or continue to use the nonconforming structure or lot, subject
to the provisions of this chapter.
Expansion. The nonconforming use of a building or of a lot shall
not be expanded so as to use other portions of the building or lot,
unless the Zoning Hearing Board shall, by special exception as hereinafter
provided, authorize the expansion of such use. The Zoning Hearing
Board, upon proper application, may grant such special exception,
provided that:
The area devoted to the nonconforming use shall not be increased
more than once during the life of the use. In addition, the area devoted
to the nonconforming use shall not be increased more than 25% of the
area of that portion of the lot or structure actually occupied by
the use.
Any expansion of the building or of a lot having a nonconforming use shall conform to all applicable area and bulk regulations of the district in which it is situated and to all regulations applicable to such a use in the district which it is located, unless an expansion is granted as per § 455-123A(3) below.
Any expansion of a nonconforming use shall meet the off-street parking requirements of this chapter and landscaping and buffering requirements in Article X and Article XI of Chapter 274, Natural Resources Protection, as incorporated by reference in § 455-38 of this chapter.
A nonconforming use may be changed to another nonconforming
use by the grant of a special exception, only upon determination by
the Zoning Hearing Board, after a public hearing, that the proposed
new use will be similar to or less detrimental to its neighborhood
and abutting properties than is the use it is to replace. In evaluating
relative detriment, the Zoning Hearing Board shall take into consideration,
among other things, potential traffic generation, nuisance characteristics,
such as emission of noise, dust, odor, glare, and smoke, fire hazards,
and hours and manner of operation.
Restoration. A structure containing a nonconforming use involuntarily
destroyed or substantially damaged by fire, explosion, flood, or other
phenomena, or legally condemned, may be reconstructed and used for
the same nonconforming use, provided that:
Reconstruction of the structure shall commence within one year
from the date the structure was destroyed or condemned and shall be
completed within one year of the date commenced.
Discontinuance or abandonment. If a nonconforming use of a structure
or land is razed, removed, discontinued, or abandoned for 12 consecutive
months, subsequent use of such structure or land shall conform to
the regulations of the district in which it is located. However, the
same nonconforming use shall be allowed, provided the request for
the nonconforming use is filed within the twelve-month period and
thereafter approved by the Zoning Hearing Board and the permit application
for such approved nonconforming use is filed within 30 days after
the decision of the Zoning Hearing Board.
Nonconforming structures may be altered, renovated, or enlarged, provided that such alteration, renovation or enlargement does not increase the floor area of the structure as it existed on the date when the structure became nonconforming, and such alteration, renovation, or enlargement shall not increase any existing nonconformity, except as provided in Subsection A(3) below. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation, or enlargement shall also meet the requirements of § 455-122A above. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation, or enlargement shall also meet the requirements of § 455-124 below.
Any structural alteration of or addition to existing structures
shall conform with all area and bulk regulations, including minimum
area, height, width, yard and coverage requirements for the district
in which it is located, as well as Building Code regulations currently
in effect, except insofar as is permitted by law to assure the structural
safety of the building.
The Zoning Hearing Board may, by special exception, authorize
the alteration, renovation, or expansion of a nonconforming structure
to increase the structure's size by not more than 25% of the footprint
of the existing structure, provided that it is clear that such expansion
is not materially detrimental to the character of the surrounding
area or to the interest of the Township. Any incremental expansions
granted to permit for expansion of the nonconforming structure shall
be cumulative, so in no event shall the original nonconforming structure
be increased by more than 25% of the original footprint of the structure.
Restoration. Any lawful nonconforming building or other structure
which has been involuntarily damaged or destroyed or substantially
damaged by fire, explosion, windstorm, or other active cause may be
reconstructed in the same location, provided that:
The reconstructed building or structure shall not exceed the height, area, or bulk permitted by § 455-122C or the original building, whichever shall be the more limited.
An owner of two or more contiguous nonconforming lots which,
if combined, would create a lot of conforming size shall be required
to combine such lots prior to the issuance of a building permit.
Where the side, rear, or front yard setbacks cannot be met,
a special exception to construct a building on a nonconforming lot
may be authorized by the Zoning Hearing Board.
An existing structure located on a lot nonconforming as to area may
be used for the use permitted in the district in which it is located,
provided the structure complies with all bulk requirements of that
district. If a nonconforming structure is located on a nonconforming
lot, such structure may be used for a use permitted in the district
in which it is located when it is determined by the Zoning Officer,
or by the Zoning Hearing Board on appeal, that the proposed use is
not injurious to health, safety, morals, and general welfare of the
Township in general and the surrounding property owners in particular.