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(A) Introduction. The regulations of this subchapter govern uses, structures, lots, and other situations that came into existence legally but that do not comply with one or more requirements of this chapter.
(1) This subchapter applies to nonconformities created by initial adoption of or amendments to this chapter.
(2) It also applies to nonconformities that were legal nonconformities under previously applicable ordinances, even if the type or extent of nonconformity is different.
(C) Increase prohibited. A nonconformity shall not be increased except to the extent otherwise specifically authorized by this subchapter.
(D) Continuation permitted. Any nonconformity that legally existed on the date of adoption of this chapter or that becomes nonconforming upon the adoption of any amendment to this chapter may be continued in accordance with the provisions of this subchapter.
(E) Determination of nonconformity status. The burden of establishing that any nonconformity is a nonconformity shall, in all cases, be upon the owner of the nonconformity.
(F) Replacement values.
(1) Replacement value for all structures shall be interpreted as three times the assessed valuation of the improvement (based on information obtained from the Township Assessor) unless the applicant provides replacement valuation data prepared by a certified appraiser.
(2) When assessed valuation data is not available and the subject owner has not provided appraisal data, the Planning, Building and Development Director shall be authorized to determine replacement value based on the best available data.
(G) Repairs and maintenance. Incidental repairs and normal maintenance of nonconforming situations shall be permitted unless the repairs increase the extent of nonconformity or are otherwise expressly prohibited by this chapter. Nothing in this subchapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.
(H) Tenancy and ownership. The status of a nonconformity is not affected by changes of tenancy, ownership or management.
(Ord., § 12.1, passed 10-13-2009; Ord. passed - -) Penalty, see § 10.99