[Ord. 2000-03, 9/14/2000, Art. XVI, § 1600]
1.
"Nonconforming use" means a use, whether of land or structure, which
does not comply with applicable use provisions in this chapter or
amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the application of this chapter or amendment
to its location by reason of annexation.
2.
"Nonconforming structure or lot" means a structure or part of a structure
manifestly not designed to comply with the applicable use provisions
in a zoning ordinance or amendment heretofore or hereafter enacted,
where such structure lawfully existed prior to the enactment of such
ordinance or amendment or prior to the application of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include, but are not limited to, nonconforming signs.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1601]
The Zoning Officer shall, upon adoption of this chapter or amendment,
thereof, identify and register all nonconforming uses and structures.
Upon identifying the nonconformity, the Zoning Officer shall mail
registration forms to the owner of record. The owner of record shall
sign the forms, pay such fee as set forth in the Township's Fee Schedule,
and return the original and one copy to the Zoning Officer within
60 days.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1602]
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 in the case of an amendment to this chapter, then
at the time of such amendment, may be continued except as hereinafter
provided, although such use does not conform to the provisions of
this chapter or subsequent amendments.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1603; as
amended by Ord. 2007-04, 11/8/2007]
1.
Nonconforming structures may be altered, extended, reconstructed,
or enlarged provided that such alteration, extension, reconstruction,
or enlargement does not increase the floor area of the existing structure
by more than 25% of the floor area in existence as of the effective
date of the Allen Township Zoning Ordinance of 2000.
A.
An alteration, extension, reconstruction, or enlargement of a nonconforming
structure which would increase the floor area by more than 25%, but
less than 50% of the floor area in existence as of the effective date
of the 2000 Zoning Ordinance shall be permitted only by a conditional
use, provided that said conditional use is granted by the Board of
Supervisors.
B.
In any event, no alteration, extension, reconstruction, or enlargement
of a nonconforming structure may be made into any required yard area.
In addition, any nonconforming structure which does not comply with
the front, side, or rear yard requirements or lot width or maximum
height in the district in which it is located, may be altered, extended,
reconstructed or enlarged as provided in this section, provided said
alteration, extension, reconstruction, or enlargement does not increase
the front, side, or rear yard, or lot width or height nonconformity
beyond its existing nonconformity.
2.
Nonconforming lots are subject to the applicable provisions of § 27-1417, Exceptions to Minimum Lot Size.
3.
Nonconforming uses shall not be altered, reconstructed, extended
or enlarged, except in accordance with the following provisions:
A.
Such alterations, reconstruction, extension, or enlargement may only
be upon the same lot as in existence that the date the use becomes
nonconforming, and shall be prohibited from encroaching of another
parcel of land subsequently added to the original parcel.
B.
A nonconforming use may be altered, extended, reconstructed, or enlarged
provided that said alteration, extension, reconstruction or enlargement
does not increase the land area, of the existing use by more than
15% of the land area, in existence as of the effective date of the
2000 Zoning Ordinance.
C.
An alteration, extension, reconstruction, or enlargement of a nonconforming
use which would increase the land area, by more than 15%, but less
than 30% of the land area, in existence as of the effective date of
2000 Zoning Ordinance shall be permitted only by conditional use,
provided that said conditional use is granted by the Board of Supervisors.
4.
Nonconforming structures, land uses, or signs that have reached their
maximum expansion allowance under previous ordinances are not eligible
for any increase in volume or area under this chapter.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1604]
A nonconforming building, or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood, or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that the reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be from the date the building was destroyed or condemned and shall be carried on without interruption. Any expansion of the original nonconformance shall be consistent with the provisions of § 27-1603, Subsection 3. The reconstructed or restored structure must meet all dimensional requirements, if physically possible on the lot.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1605]
It is the intent of this section to ensure that the level of nonconformity is not increased when a nonconforming use is transferred or sold. Whenever a lot, which is nonconforming by virtue of use, except agricultural land, or residential uses, is transferred or sold to a new owner, a previously nonconforming use may be continued by the new owner after review by the Board of Supervisors. The landowner shall prove that the level of nonconformity will not be increased or changed. Should the landowner propose any changes or alterations to the nonconforming use, the Board of Supervisors may impose conditions regarding layout, circulation, and performance it deems necessary to insure that the change or alteration is in the best interest of the Township, the convenience of the community, and the public welfare. The landowner may appeal such conditions subject to the provisions of § 27-2004 of this chapter.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1606]
If a nonconforming use of a building, mobile home, or land is
abandoned for a continuous period of one year, subsequent use of such
building or land shall be in conformity with the provisions of this
chapter. For the purpose of this chapter, abandonment shall commence
when the nonconforming use ceases.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1607]
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 all of the
following conditions:
A.
Such change will be permitted only as a conditional use by the Board
of Supervisors.
B.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use, with respect
to:
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1608]
Whenever there exist two or more contiguous nonconforming lots
in single ownership as of or subsequent to the effective date of this
chapter, said lots shall be deemed to be consolidated where such a
consolidation would create one or more conforming lots or minimize
the nonconformity.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1609]
All nonconforming uses shall conform to the general performance
standards and to those performance standards established for the district
in which the use would be properly located if constructed after adoption
of this chapter. Those nonconforming uses not clearly belonging in
any one district or not provided for under this chapter shall be subject
to the standards of the district most closely approaching their proper
district or, if any, to the specific standards established for that
particular nonconforming use.
