[Ord. 384, 7/17/1993, § 2101]
All lawful uses of land or of a lot, building, sign or other
structure existing on the effective date of this chapter may be continued,
altered, restored, reconstructed, changed, sold or maintained even
though such use may not conform to the use, height, area, yard and
other regulations of the district in which it is located; provided,
such nonconforming conditions shall comply with the following.
[Ord. 384, 7/17/1993, § 2102]
The Zoning Officer shall be responsible for the proper registration
of premises occupied by a lawful nonconforming use, lot, building
and/or structure existing after the effective date of this chapter
and issuance of a certificate of nonconformance which shall be for
the purpose of insuring to the owner the right to continue such nonconformity
in accordance with the provisions of this Part. It is the property
owners' responsibility to assist the Zoning Officer in the identification
and registration of nonconforming uses, lots, buildings and structures
they are accountable for.
[Ord. 384, 7/17/1993, § 2103]
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use; providing,
such alterations and repairs are in conformance with the regulations
set forth in this chapter and other applicable codes and ordinances
adopted by the Township.
[Ord. 384, 7/17/1993, § 2104]
1.
The types of extensions and enlargements listed below are permitted
as a special exception for nonconforming uses, buildings and structures
existing on the effective date of this chapter:
A.
The extension of a nonconforming use of land upon a lot occupied
by such use.
B.
The extension or enlargement of a conforming building occupied by
a nonconforming use.
C.
The extension or enlargement of a nonconforming building occupied
by a nonconforming use.
D.
The extension or enlargement of a nonconforming building occupied
by a conforming use.
2.
The foregoing extensions or enlargements of such nonconforming buildings
or uses shall be subject to the following conditions:
A.
The extension or enlargement shall conform to the height, area, yard
and coverage regulations of the district in which it is located. Where
a building or structure is nonconforming as to a required front, side
or rear yard setback, the established nonconforming setback may be
continued, so long as the proposed extension or enlargement does not
project further into any yard, whether front, side or rear yard, than
the original building line extended.
B.
The entire building or use shall be provided with off-street parking
and loading spaces as required by Part 24, Off-Street Parking, herein.
C.
The extension or enlargement does not replace a conforming use.
D.
The extension or enlargement of a building used for a nonconforming
use shall not be permitted to extend into vacant parcels of land adjacent
to the initial parcel of land existing and occupied on the effective
date of this chapter, where such vacant parcels have been recorded
separately or acquired following the effective date of this chapter.
[Ord. 384, 7/17/1993, § 2106]
A nonconforming use may be changed to another nonconforming
use of the same or more restricted classification. Whenever a nonconforming
use has been changed to a more restricted classification or to a conforming
use, such use shall not hereafter be changed to a use of less restricted
classification.
[Ord. 384, 7/17/1993, § 2106]
A nonconforming structure, building or use which is damaged
by fire, explosion, windstorm or other natural or criminal acts may
be reconstructed and used for the same purposes, provided that:
A.
The reconstruction and/or restoration of the building or structure
is commenced within one year from the date of occurrence of the damage
and is carried to completion without undue delay. The one-year time
may be extended if the delay is caused by insurance regulations or
investigations not caused by negligence or default by the applicant.
B.
The reconstructed building, structure or occupied area does not exceed
the height, area and volume of the original building, structure and
occupied area.
C.
The remains of any such buildings, structures or other improvements
so destroyed shall be removed from the premises within six months
so that the same shall not remain as a nuisance or safety hazard.
[Ord. 384, 7/17/1993, § 2107]
If a nonconforming use of land or building ceases operations
for a continuous period of more than 12 months, then such use and
any subsequent use of land or building shall conform to the provisions
of this chapter, except when the discontinuance is due to a death
and administration of the decedent's estate, in which event the discontinuance
shall not be presumed to start until estate administration is terminated
or a court order concerning the disposition of the estate has been
entered.
[Ord. 384, 7/17/1993, § 2108]
[Ord. 384, 7/17/1993, § 2109]
Whenever the boundaries or uses of a district shall be changed
the foregoing provisions shall also apply to any nonconforming lots,
uses or buildings existing therein or created thereby.
[Ord. 384, 7/17/1993, § 2110]
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a structure or building declared
unsafe by proper authority.
[Ord. 384, 7/17/1993, § 2111]
The nonconforming controls as set forth herein shall not apply
to agricultural structures when such structures are part of an active
agriculture program. An active farm group situated, through action
of the Township Commissioners in enacting this chapter, in a zone
where agricultural uses become nonconforming is exempt. It is not
the intent of this chapter to hamper continued agricultural activities.
However, should the agricultural use be abandoned, thereafter, agricultural
buildings damaged or destroyed in any manner shall be subject to the
nonconforming rules and regulations.
