[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The provisions of this § 27-1401 shall apply to buildings, structures, signs, lands and uses which would not be permitted as the result of the application of this chapter to their location or use in the Township, or as a result of the reclassification of the lot containing them, or of the adoption of other amendments to this chapter after the initial passage. This Part is concerned with properties of inadequate area and/or frontage, uses of land and/or structures for activities not permitted in the zoning districts where such land and/or structures are located, and structures placed on a lot too close to lot boundary lines for compliance with standards of the zoning district in which they are located.
A.
Nonconforming Lots of Record.
[Amended at time of adoption of Code (see Ch. AO)]
(1)
Existing Lots of Record.
(a)
In any zoning district in which single-family residential buildings
are permitted, a single-family residential building and associated
accessory buildings may be erected on any single lot of record existing
on the date of adoption or amendment of this chapter. Such a lot must
be in separate ownership and not of continuous frontage with other
lots in the same ownership. This provision shall apply even though
the lot fails to meet the zoning district's requirements for area
or width, or both, provided that the lot conforms to the zoning district's
setback dimensions and other requirements not involving area or width,
or both.
(b)
If two or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership 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 width and area as established
by this chapter, the lands involved shall be considered to be an undivided
parcel for the purposes of this chapter, and no portion of the parcel
shall be used or sold which does not meet lot width and area requirements
established by this chapter, nor shall any division of the parcel
be made which leaves remaining any lot with width or area below the
requirements stated in this chapter.
(2)
No provision of this chapter relating to side and rear yard
requirements shall prevent the reasonable use of a nonconforming lot
of record. The Zoning Officer may grant a reduction in the requirement
for side yards and rear yards for lots of record which lack required
lot width or area. However, in no event may such yard dimensions be
reduced by more than 40% of that required without the approval of
the Zoning Hearing Board.
B.
Nonconforming Uses of Land and Structures.
(1)
Where, at the effective date of adoption or amendment of this
chapter, lawful use of land, or land and the structure or structures
on it, exists and is made no longer permissible under the requirements
of this chapter, as adopted or amended, such use may be continued
indefinitely, so long as it remains otherwise lawful, provided that
the following conditions are applied.
(2)
No such nonconforming use of land shall be extended by acquisition
of additional land to occupy a greater land area than was occupied
at the effective date of adoption or amendment of this chapter, nor
shall such nonconforming structure be expanded to occupy an area on
the ground more than 50% larger than was occupied at the date of adoption
or amendment of this chapter. Such land area shall contain the nonconforming
use and the area of expansion and shall be already owned by the operator
of the nonconforming use at the time of adoption of the ordinance
creating the nonconformity, and recorded as a separate lot.
(3)
No structure containing a nonconforming use but capable of being
enlarged without violating setback or height requirements in the zoning
district where it is located may be increased in volume more than
50% over the volume of such structure at the time of adoption of this
chapter or subsequent amendments that made the use nonconforming.
A nonconforming use which occupies part of a structure may be extended
throughout the structure it occupied at the time of adoption of this
chapter or subsequent amendment that made the use nonconforming, but
the expansion under such circumstances may not be extended to occupy
land outside the original structure.
(4)
If any such nonconforming use of land or use of land and structures
in combination ceases or is abandoned for any reason, including destruction
of buildings, for a period of at least one year, any subsequent use
of such land, or land and structures in combination, shall conform
to the regulations for the zoning district where such land is located,
except that, where a hardship to the operator of the nonconforming
use clearly exists as a result of financial, health or other calamity,
the Zoning Hearing Board may grant an extension of the one-year limit
consistent with the hardship, but not more than one additional year.
(5)
As a result of adoption of this chapter, no illegal use of land
which was initiated under the previous zoning ordinance, as amended,
shall become nonconforming, but instead it shall be subject to remedy
under the provisions of this chapter regarding violations.
(6)
The nonconforming use of a structure or a lot may be changed only to a conforming use, unless the applicant demonstrates a hardship in converting the use to a conforming use or the new use will be in keeping with the character of the neighborhood in which it is located and will have an equal or lesser impact on the neighborhood than the existing nonconforming use. However, this requirement shall not preclude an owner from selling a nonconforming use to a succeeding owner to operate as it was operated prior to the sale. Each succeeding owner of a nonconforming use shall secure a zoning certificate of compliance, as set forth in § 27-1301D(5), from the Zoning Officer, who may ask the Zoning Hearing Board for a decision if he has reason to doubt that the nonconforming use will be continued in the same manner as formerly.
(7)
The nonconforming use of a structure and/or land, or combination
of structure and land, may be superseded by a use permitted in the
zoning district where the lot is located, and the use of the premises
shall thereafter conform to the regulations of the zoning district.
(8)
Where a nonconforming use of structure and premises exists in
combination, the removal of the structure and/or use in the structure
shall terminate the nonconforming use of the premises.
(9)
The maintaining or strengthening to a safe condition of any
nonconforming structure shall not be interpreted as being denied by
any portion of this Part.
C.
Nonconforming Structures.
(1)
Where a structure exists on a lot at the effective date of this
chapter or any amendment to it and does not conform to the requirements
regarding height or minimum setbacks from adjacent streets or lot
lines, such structure may remain indefinitely, subject to the following
provisions.
(2)
No nonconforming structure may be enlarged or altered in a way
that creates a nonconformity or increases an existing nonconformity.
(3)
Any replacement of a nonconforming structure shall be made in
compliance with the regulations governing development for the zoning
district in which the lot is located; except that if a hardship is
alleged by the owner, he may request a special exception of the Zoning
Hearing Board, which may approve replacement on the same foundation
that supported the structure to be replaced but in no case a location
that was less conforming than the original location.
(4)
If a nonconforming structure is moved, it shall thereafter conform
to the requirements of this chapter regarding location on the lot.
D.
Record of Nonconforming Uses.
(1)
The Zoning Officer shall identify and register all uses of land
and structures in Richland Township made nonconforming as a result
of adoption of this chapter.
(2)
The Zoning Officer shall keep the data current by the addition
of nonconforming uses as amendments to this chapter are adopted and
by the deletion of nonconforming uses as they are eliminated.
(3)
The record may be kept by map or written documentation.
