After the enactment of this chapter, the Zoning
Officer shall identify and register nonconforming uses and structures
and lots, together with the reasons why they were identified as nonconformities.
A nonconforming use may be changed to a conforming use by right. A nonconforming use, if changed to a conforming use, shall not be changed back to a nonconforming use. A nonconforming use shall not be changed to any other nonconforming use unless the Zoning Hearing Board shall grant a special exception. The proposed use shall be demonstrated by the applicant to be not more detrimental to the district with respect to traffic generation and congestion, noise, illumination, electric radiation emission, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration, appearance and waste generation than the existing use on the property and shall be demonstrated to be in compliance with the performance standards in §
184-153 of this chapter. The Zoning Hearing Board may specify conditions and safeguards in connection with the granting of a special exception.
[Amended 8-5-2008 by Ord. No. 245-2008]
A. A nonconforming use, building or structure shall not
be enlarged or increased upon land not owned, leased or under option
to purchase at the time of the enactment of this chapter.
B. Any additional structures, uses or buildings erected
or establishing connection within an existing nonconforming use shall
meet all the area, yard and height regulations of the applicable zoning
district.
C. A nonconforming use, other than a single-family residence, shall not be expanded unless such expansion has been approved as a special exception by the Zoning Hearing Board. The proposed use shall be demonstrated by the applicant to be not more detrimental to the district with respect to traffic generation and congestion, noise, illumination, electric radiation omission, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration, appearance and waste generation than the existing use on the property and shall be demonstrated to be in compliance with the performance standards in §
184-153 of this chapter. A single-family residence which is a nonconforming use shall be allowed to expand its nonconformity by expansion or construction of an accessory building as long as the proposed expansion or proposed accessory structure meets all the area, yard and height regulations of the applicable zoning district. The zoning officer for the Township shall have the authority to approve the construction of an expansion or accessory building for a single-family residence.
D. A nonconforming building or structure shall not be
enlarged, increased, repaired, maintained or modified in any manner
which will further violate any applicable area, yard and height regulations
imposed by this chapter, except that a principal building which existed
at the effective date of this chapter which is nonconforming as to
a yard requirement may have repairs, maintenance, modifications and
additions made to those portions of the building located within the
required yard, provided that no repair, improvement, maintenance,
modification or addition shall be made which will cause any part of
the building to project into the yard further than the building did
at the effective date of this chapter.
E. Future expansion of that portion of a nonconforming
use carried on outside a building or structure shall be in accordance
with all applicable area, yard and height regulations of this chapter.
A nonconforming use may be expanded within a building containing that
nonconforming use at the effective date of this chapter, provided
that the nonconforming use shall not occupy a portion of the building
containing a conforming use at the effective date of this chapter.
The nonconforming use may also be expanded into a new building or
extension of an existing building containing the use (except if the
nonconforming use is located within a driveway or street site triangle).
F. Nonconforming signs shall not be expanded.
A building or structure containing a nonconforming
use or a nonconforming building or structure may be replaced by a
new building or moved to another location on the same lot, provided
that the building or structure shall comply with all area, yard and
height regulations and general regulations applicable to the zoning
district in which it is located.
Total future expansion of a nonconforming use
shall not exceed 50% of the area occupied by the use at the time of
the effective date of this chapter.
No existing nonconforming use or nonconforming
building located within a driveway or street sight triangle may be
expanded or replaced within that sight triangle.