The use of any lot, building, or structure that
is existing and lawful at the time of the enactment of this chapter
or, in the case of any amendment to this chapter, at the time of such
an amendment, may be continued except as hereinafter provided, although
such use does not conform to the provisions of this chapter or subsequent
amendments.
A.
A structure that does not conform to development standards
and/or other requirements of the zoning district in which the structure
is located and/or any other provisions of this chapter, may be enlarged
only if the enlargement meets all of the development standards set
forth in this chapter for the district in which the use is a permitted
use, including, but not limited to, front yard, rear yard, side yard,
lot area, parking, buffers, and height of buildings.
B.
A use that does not conform to the permitted use regulations of the district in which it is located may be enlarged when authorized as a special exception by the Zoning Hearing Board. The enlargement shall be confined to the existing building within which the use has been conducted, and any increase in building size or floor area shall be in compliance with this Article XVI. The Zoning Hearing Board shall authorize a special exception only in cases where the following conditions have been met:
(1)
The proposed enlargement shall take place only upon
the lot or contiguous lots held in the same ownership as that existing
at the time the use became nonconforming. Authorization to enlarge
the nonconforming use, as described in this section, shall not be
construed to mean that a new use or uses may be established. A nonconforming
use shall be prohibited from encroaching on another parcel of land
subsequently added to the original parcel.
(2)
The proposed enlargement shall conform to the applicable
development standards, buffer requirements, and parking requirements,
as well as all other requirements of the district in which the enlargement
is located or the district in which the use is a permitted use, whichever
shall be more stringent.
(3)
Buffers shall be provided along property lines in accordance with Article XI, irrespective of whether adjoining tracts are across district boundary lines or within the same district as the subject tract.
(4)
Any increase in building or floor area shall not exceed
50% of the building area or gross floor area, whichever is less, that
was existing at the time that the use became nonconforming under this
or any previous Ordinance and, in any event, shall be permitted only
by special exception under the provisions of this chapter. Structures
or land uses that have reached their maximum expansion allowance under
previous Ordinances are not eligible for any increase in building
or floor area under this chapter. A structure that is nonconforming
in terms of height shall not be enlarged so as to increase its height.
(5)
Where such nonconforming use has been conducted within
a building, no such expansion shall be permitted where it would be
conducted outside of a building.
A nonconforming building, or any building containing
a nonconforming use, that is destroyed or damaged by casualty may
be rebuilt as long as a Township permit to rebuild or repair the building
is obtained within one year of the loss. Otherwise, a nonconforming
building, or any building containing a nonconforming use shall not
be repaired or rebuilt, except in conformity with the regulations
of this Zoning Ordinance. No building that has been razed shall be
rebuilt, except in conformity with the regulations of this chapter.
If any nonconforming use of a building or land
is abandoned for a continuous period of one year or more, subsequent
use of such a building or land shall be in conformity with the provisions
of this chapter. For the purpose of this chapter, abandonment shall
be presumed to commence when the nonconforming use ceases.
Once changed to a conforming use, no building,
structure, or land shall be permitted to revert to a nonconforming
use. A nonconforming use may be changed to another nonconforming use
only if all of the following conditions are met:
A.
Such change shall be permitted only as a special exception.
B.
The applicant shall show that the nonconforming use
cannot reasonably be changed to a permitted use.
C.
The applicant shall show that the proposed change
will be equal to or less objectionable in external effects than the
existing nonconforming use, with respect to each of the following
components: