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Except as provided in this Part, any use existing at the effective date of this Chapter, which does not conform with the provisions of this Chapter, shall comply with the following:
A. Continuation. Any use of structure or of land legally existing on the effective date of this Chapter may be continued although such use may not conform to the provisions of this Chapter except as otherwise herein provided.
B. Expansion. The following standards shall apply to nonconforming uses:
(1) No currently conforming use shall be enlarged or increased in a manner which will further violate any area, bulk and height regulations imposed by the zoning district in which it is located.
(2) No nonconforming use may be expanded unless it has been approved by the Zoning Hearing Board.
(3) The proposed expansion shall not exceed 50% of the area used at the time this Chapter became effective.
(4) The proposed expansion shall not cause an increased detrimental effect on surrounding properties.
(5) The proposed expansion shall conform to off street parking requirements.
(6) The proposed expansion shall not be detrimental to or alter, or intend to alter, the character of the existing neighborhood.
(7) No nonconforming use shall be enlarged or increased upon ground not owned, leased or under option to purchase at the time of the passage of this Chapter.
C. Change in Use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
(1) The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where it is located, due to the peculiar circumstances presented by the lot, building or structure.
(2) The applicant shall show that the proposed change will be less objectionable in external effects than the existingnonconforming use with respect to:
(a) Traffic generation and congestion.
(b) Noise, smoke, dust, noxious matter, beat, glare and vibration.
(c) Storage and waste disposal.
(d) External appearance.
(Ord. 3/9/1993B, § 901)
Except as provided in this Part, any building or structure existing at the time of passage or amendment to Chapter shall comply with the following.
A. Continuation. Any nonconforming building or structure legally existing on the effective date of this Chapter may be continued.
B. Restoration. Any nonconforming building or structure which has been damaged or destroyed by fire or some other calamity may be restored within the limits of the existing foundation and shall not exceed the height, width and depth dimensions of the original building. Restoration shall begin within 9 months from the date of damage or destruction and shall be carried on without interruption.
C. Extension. Any nonconforming building or structure existing at the time of the effective date of this Chapter may be extended provided such extensions conform to the applicable area and building height requirements. The extension of any existing nonconforming building or structure shall require a special exception when the total floor area will be increased by more than 25% of the floor area of the nonconforming building at the time of the effective date of this Chapter. In granting a special exception, the Zoning Hearing Board shall consider the following:
(1) It is clear that such extension is not materially or spatially detrimental to the character of the surrounding lots or the interest of the Township.
(2) No more than one extension to a nonconforming building shall be granted.
(3) The Zoning Hearing Board may specify appropriate conditions and safeguards as may be required.
(4) The extension of the building or structure does not extend upon ground not owned, leased or under option to purchase at the time of the passage of this Chapter.
(Ord. 3/9/1993B, § 902)
1. Lots Included in Approved Plans. Any lot shown on an approved and publicly recorded subdivision plan on the effective date of this Chapter which does not meet the minimum area and bulk requirements of the zoning district in which it is located may be used for any use permitted in that district provided that all yard, height, impervious coverage and common open space requirements shall be met. The Zoning Hearing Board may grant a variance from the yard and impervious coverage requirements as long as the provisions under Part 3 are satisfied.
2. Lots Held in Single and Separate Ownership. Any lot held in single and separate ownership at the effective date of this Chapter which does not meet the minimum area and building requirements of the zoning district in which it is located may be used for any use permitted in that district provided that all yard, height, impervious coverage and common open space requirements are met. If the plans for the proposed use shall be approved by the Zoning Hearing Board, after review of such plans to assure reasonable compliance with the spirit of the zoning regulations for the district, and the water supply and sewage disposal facilities are certified as adequate by the Township Engineer, a variance from the yard and impervious coverage requirements may be granted.
3. Ownership of Adjacent Property. In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this Chapter, such property or portions thereof shall be combined prior to the erection or alteration of a building or structure. Such combination shall correct the nonconforming situation to the maximum extent possible and shall not create a nonconforming lot out of the adjacent property.
(Ord. 3/9/1993B, § 903)
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