It is the intent to recognize that the elimination, as expeditiously as is reasonable, of existing structures and uses that are not in conformity with the provisions of this chapter, is as much a subject of health, safety and welfare as is the prevention of the establishment of new structures and uses that would violate the provisions of this chapter. It is, therefore, the intent to administer the elimination of nonconforming structures and uses, recognizing established private property rights, and avoiding any undue hardship. The following regulations shall apply to all nonconforming buildings and structures, or parts thereof, and nonconforming uses existing at the effective date of this chapter.
(A) Continuance of nonconforming building. Any nonconforming building or structure may be continued and maintained, provided there is no physical change other than necessary maintenance and repair in the building or structure, except as permitted hereinafter in divisions (F), (G) and (H).
(B) Continuance of nonconforming use. Any nonconforming use may be continued and maintained, provided there is no increase or enlargement of the area, space or volume occupied by, or devoted to, the nonconforming use within a building or on site.
(C) Change of use.
(1) The nonconforming use of a building, structure or land may not be changed to a different use, unless one of the following conditions has been met:
(a) The different use is permitted in the zoning district under which the property is currently zoned, subject to site plan review and approval as required in this chapter; or
(b) The proposed use, while still nonconforming, is considered less intense than the previous nonconforming use as determined by the Planning Commission, and would bring the site closer into conformance with existing ordinance standards. A use may be deemed more intense if the Planning Commission determines that the proposed use meets any of the following criteria:
1. The proposed use generates more light, noise, air or other pollution than the current use;
2. The proposed use generates more traffic and/or turning movements, or negatively alters the traffic circulation pattern on or off the site;
3. The use generates a greater need for parking on site; and/or
4. The proposed use causes greater negative economic impacts on adjacent properties than the current use.
(2) Where a use change requires submission of a site plan, the applicant shall be required to comply with all applicable zoning provisions as is deemed reasonably feasible by the Township Planning Commission. Site plan compliance shall include, but not be limited to, such items as parking, landscaping and signage.
(D) Abandonment; termination of nonconforming use. Any part of a building, structure or land occupied by a nonconforming use which hereafter is abandoned and remains unoccupied for a continuous period of 12 months shall not thereafter be occupied, except by a use that conforms to the use regulations of the district in which it is located. This shall not apply to a seasonal nonconforming use of land. However, upon discontinuation for a full season with no active attempt to sell or market the property, it shall be considered abandoned and any future use shall conform to this chapter.
(E) Change of tenancy or ownership. There may be a change of tenancy, ownership or management of an existing nonconforming use, provided there is no change in the nature or character of the nonconforming use.
(F) Maintenance permitted.
(1) Except as otherwise provided in this section, a nonconforming building or structure may be maintained. The maintenance of the building or structure shall include necessary repairs and incidental alterations.
(2) The alterations, however, shall not increase the extent or degree of nonconformity of the building or structure.
(3) In a building that is nonconforming as to use regulations, no structural alterations shall be made, except those required by law or ordinance.
(4) It is further provided that the cost of the work shall not exceed 50% of the assessed valuation of the building or structure at the time the work is done.
(5) This requirement shall not be considered as prohibiting the bringing of a structure into conformity with the regulations of the district in which it is located.
(G) Restoration of damaged building. A lawful nonconforming building or structure, or nonconforming use occurring on a premises with a building or structure that has been damaged or partially destroyed by fire or other calamity may be restored, and its immediately previous occupancy or use existing at the time of such damage or partial destruction may be continued or be resumed; provided the restoration is commenced within one year of the date of the partial destruction and is diligently carried on to completion.
(H) Additions, enlargements, moving.
(1) A building or structure that is nonconforming in regard to issues such as setback or height may be added to or enlarged if the addition or enlargement conforms to the regulations of the district in which it is located. In that case, the addition or enlargement shall be treated as a separate building or structure in determining conformity to all of the requirements of this chapter.
(2) When a building or structure, or portion thereof, is moved from one district to another or to another location within the same district, it must conform or be made to conform to all of the regulations, ordinances and codes of the district to which it is moved.
(I) Expansion prohibited. A nonconforming use of a portion of a building or structure, which building or structure otherwise conforms to the provisions of this chapter, shall not be expanded or extended into any other portion of the conforming building or structure, nor changed, except to a conforming use. If the nonconforming use, or portion thereof, is discontinued or changed to a conforming use, any future use of the building, structure or portion thereof, shall be in conformity to the regulations of the district in which the building or structure is located.
(J) Nonconforming use of land; continuation of use. The nonconforming use of land (where no building is involved) existing at the date this chapter becomes effective, may be continued, provided that:
(1) No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property; and
(2) If the nonconforming use of land or any portion thereof is discontinued or changed, any future use of the land shall be in conformity with the provisions of this chapter.
(K) Compliance with regulations for nonconforming buildings or uses.
(1) Whenever the owner shall fail to comply with the provisions of this chapter relating to removal or discontinuance of a nonconforming use, the Zoning Administrator shall serve notice in writing on the owner or his or her agent requiring him or her to comply therewith within a reasonable time after the notice.
(2) If, after the notice, the owner fails to comply therewith, the Zoning Administrator shall take action as may be necessary, including civil action, to cause compliance with the provisions hereof.
(L) Nonconforming lot of record; division of nonconforming lot. Parcels shall not be divided in a manner that increases nonconformity, causes an existing structure or site improvement to become nonconforming, or creates one or more nonconforming lots.
(M) Use of a nonconforming lot of record.
(1) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building(s) may be erected on any nonconforming lot of record. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which the lot is located.
(2) Potential administrative yard reductions (without ZBA approval necessary): with regard to required minimum setbacks, an applicant must first attempt to comply with the maximum extent feasible. Then, in the case where it is determined by the Zoning Administrator that it is not practically feasible to fully comply, the Zoning Administrator may allow setbacks to be reduced as follows:
(a) Front. The minimum required front setback may be reduced to 20% of the average depth of the lot, provided that:
1. It shall not be less than the average of the front setbacks of principal structures on adjacent lots fronting on the same street (or the average front setbacks of principal structures in the block fronting on the same street); and
2. In no instance shall it be less than 30 feet.
(b) Rear. The minimum required rear setback may be reduced to 20% of the average depth of the lot provided that in no instance shall it be less than 20 feet.
(c) Side. The minimum side yard setback requirement for nonconforming lots of record in any zoning district may be reduced to not less than 10% of the lot width, but in no case shall the side yard be less than four feet for 40-foot lots and five feet for 50-foot lots.
(d) Reduction/variance grant noted. The Zoning Administrator shall note on the final plot plan or site plan any reduction granted under this division (M)(2) or any ZBA requirements imposed or variances granted on the nonconforming lot or parcel of record before issuing a zoning compliance permit under § 154.146.
(N) Contiguous nonconforming lots under the same ownership.
(1) Two or more contiguous, nonconforming lots under the same ownership shall be considered one parcel.
(2) The applicant shall not be permitted to make improvements to the parcel prior to combining the lots to create one conforming lot of record
(Ord. passed 6-28-2006; Ord. passed 1-22-2009; Ord. 06-08, passed 4-23-2012)