A. 
Continuation. Any nonconforming structure existing on the effective date of this chapter or created by an amendment to this chapter may continue although such structure does not conform to the dimensional requirements of this chapter.
B. 
Restoration. A nonconforming structure which has been damaged or destroyed by fire, explosion, windstorm, or other natural or criminal acts shall meet the following restoration requirements:
(1) 
A nonconforming structure with damage affecting not more than 75% of its market value may be reconstructed providing the structure is restored to meet the following requirements:
(a) 
The restored structure shall not be more nonconforming in any measurement than the original damaged structure.
(b) 
The restoration of the structure shall commence within one year from the date the structure was damaged and shall continue uninterrupted; otherwise, the nonconforming structure status shall be abandoned.
[Amended 10-15-2019 by Ord. No. 278-08-2019]
(2) 
A nonconforming structure that is destroyed or damaged by more than 75% of its market value may be rebuilt in the same or less nonconforming manner, provided:
[Amended 10-15-2019 by Ord. No. 278-08-2019]
(a) 
The construction is completed within 24 months from the destruction or damage;
(b) 
The structure is adequately secured after the destruction or damage; and
(c) 
No new nonconformities or more serious nonconformities are created.
C. 
Demolition. any nonconforming structure is destroyed or partially destroyed and the owner has not moved forward to reconstruct or restore the structure, the owner will be responsible for the complete removal of the structure and debris, as well as the filling of any excavated areas.
D. 
Extension or alteration. The following requirements shall apply to the extension or alteration of structures:
(1) 
A nonconforming structure may be extended or altered, providing the extension or alteration conforms to all dimensional requirements and all other applicable regulations of this chapter. If the nonconforming structure also includes a nonconforming use, then the requirements of § 195-29 also apply.
(2) 
The following exception shall apply to side yard and rear yard setbacks. Where a structure is nonconforming as to a required side yard 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 than the extension of the original building line. This exception shall not apply to an addition to a commercial or industrial building for a yard adjacent to a residential lot.
A. 
Continuation. Any nonconforming lot, due to its lot area or lot width, existing as of the effective date of this chapter or created by an amendment to this chapter may be continued although such lot does not conform to the lot requirements for the district in which it is located.
B. 
Development. The following requirements apply to the development and use of the nonconforming lot:
(1) 
All the requirements of this chapter shall be met with the exception of lot area and lot width; provided, however, that if, as a result of the nonconformance of the lot area or lot width, the setbacks required in the district in which the property is located cannot be met, then the setbacks which are nonconforming may be modified to the least modification necessary to use the lot for a purpose permitted in that district, if approved as a variance by the Zoning Hearing Board. Furthermore, no lot shall be developed unless the following requirements are met:
(a) 
Each lot shall have a tested and approved on-lot wastewater system site and replacement system site or access to public sewer.
(b) 
Public water or an on-lot water well shall be provided. Additionally, for those lots utilizing on-lot water, the minimum required isolation distance between the well and any on-lot wastewater system shall be provided.
(2) 
Where possible, contiguous parcels under common ownership shall be replatted to create conforming lots if:
(a) 
The existing lots are in common ownership at the time of adoption of this chapter; and
(b) 
If one or both of the parcels are less than 1/2 of the lot area that would be required for a new lot.
A. 
Continuation. Any nonconforming use existing on the effective date of this chapter or created by an amendment to this chapter may be continued although such use does not conform to the provisions of this chapter. Change in ownership or possession of the use or property shall not prevent the continuance of the nonconforming use.
B. 
Extension. Extension of the nonconforming use shall be approved by the Zoning Hearing Board as a special exception subject to the following standards and the provisions of § 195-59D(2) of this chapter:
(1) 
Extensions shall be limited to the lot occupying the use or a contiguous lot.
(2) 
The extension of the nonconforming use shall not replace a conforming use.
(3) 
The extension shall conform to the requirements of the underlying district and applicable supplementary regulations including, but not limited to: lot, building, setback, coverage, buffering, height, parking and sign requirements.
(4) 
The volume and area devoted to the extension shall meet the requirements set forth below;
(a) 
The extension of uses within structures shall not exceed an increase of 50% of the original building volume or land area of the nonconforming use, whichever is more restrictive. The original volume and area is the volume and area devoted to the use as it existed on the date such use became nonconforming.
(b) 
Land operations involving agriculture activities may be extended greater than 50% upon the approval of the Zoning Hearing Board.
C. 
Change of use. The following regulations shall apply to the change of nonconforming uses:
(1) 
Once a nonconforming use has been changed to a conforming use, it shall not be permitted to be changed back to a nonconforming use.
(2) 
A nonconforming use shall be allowed to be changed to another nonconforming use upon application to the Zoning Hearing Board for a special exception and in accordance with § 195-59D(2) of this chapter and the following standards:
(a) 
The existing nonconforming use shall have been lawful.
(b) 
The applicant shall demonstrate the change will be less objectionable in external effects than the existing nonconforming use including, but not limited to:
[1] 
Traffic safety or congestion impacts.
[2] 
Environmental impact (e.g., noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration).
[3] 
Public health and safety hazards, including use or storage of hazardous or toxic substances.
[4] 
Compatibility with any adjacent existing dwellings, including impacts from late night hours of operation.
(c) 
The applicant shall demonstrate the change will meet other requirements of this chapter, including parking and loading, buffering, and signage.
D. 
Abandonment, discontinuance and delinquency.
(1) 
The ceasing of a nonconforming use on land or in a building or structure for a continuous period of one year or more shall be considered the abandonment of the nonconforming use. This time limit shall be temporarily extended where evidence is presented to the Zoning Officer of substantial efforts to continue the nonconforming use, such as through property improvements and/or actively seeking a buyer or tenant for the use. Subsequent use of such building or structure shall be in conformity with the provisions of this chapter.
(2) 
The above time limit for a nonconforming use of land shall not apply to normal farming practices.
(3) 
In the case of the death of the property owner and/or settling of an estate, the discontinuance of the nonconforming use shall not be considered an abandonment of the use in accordance with Subsection D(1) and (2) above until the estate is settled or a court order has been entered regarding the estate's disposition. The one-year period provided in Subsection D(1) shall then apply after such settlement or court order.
(4) 
A nonconforming use shall be deemed abandoned in the event the Township or county acquires an unredeemed, tax delinquent property and sells said property. Subsequent use of the land shall be in conformity with the provisions of this chapter.
A. 
An application for a certificate of nonconformance may be made to the Township by the owner of any nonconformity as of the effective date of this chapter or as of the effective date of an amendment creating the nonconformity.
B. 
The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property as of the effective date of this chapter or as of the effective date of an amendment creating the nonconformity. In order to obtain a certificate of nonconformance, the burden of proof shall be placed upon the applicant to provide suitable evidence.
C. 
This certificate shall be for the purpose of insuring to such owner the right to continue the nonconformity. However, failure to obtain a certificate of nonconformance shall not by itself prevent an applicant from later presenting evidence of their right to continue a nonconforming use.
D. 
The Township shall retain a copy of the certificate of nonconformance.