(A) Enlargements or extensions. No nonconforming use of any land or structure shall hereafter be enlarged or extended beyond the area occupied when the use became nonconforming, except after the approval of the Zoning Board of Appeals, approval of which shall be granted only upon considering of all of the following facts:
(1) The enlargement or extension will not substantially extend the probable duration of such nonconforming use and that all enlargements since the use became nonconforming are upon and limited to the same parcel on which the nonconforming use was located at the time of the adoption of the existing Township Zoning Ordinance;
(2) The enlargement or extension will not become a precedent for other variations in the vicinity;
(3) The enlargement or extension does not, in total, exceed 50% of the area of the originally nonconforming area;
(4) The enlargement or extension will not interfere with the use of any other properties in the vicinity for the uses for which they have been zoned, nor with their compliance with all of the provisions of this chapter; and
(5) The enlargement or extension will not interfere with the use of other properties in the vicinity for the uses for which they have been zoned, nor with their compliance with all of the provisions of this chapter.
(B) Change or abandonment.
(1) The nonconforming use of a building or structure or of any land or premises shall not be:
(a) Changed to any other nonconforming use;
(b) Re-established after it has been changed to a conforming use; or
(c) Re-established if abandoned for any reason for a period of more than 12 months. In such cases, any subsequent use shall conform to the requirements of this chapter.
(2) A nonconforming use may be determined to be abandoned if one or more of the following conditions exists, and which may be deemed by the Zoning Administrator to constitute an intent on the part of the property owner to abandon the nonconforming use, if after 12 months:
(a) Utilities, such as water, gas, and electricity to the property, have been disconnected;
(b) The property, buildings, and grounds have fallen into disrepair;
(c) Signs or other external indications of the existence of the nonconforming use have been removed;
(d) Removal of equipment or fixtures which are necessary for the operation of the nonconforming use; or
(e) Other actions which, in the opinion of the Zoning Administrator, constitute an intention of the part of the property owner or lessee to abandon the nonconforming use.
(3) The Zoning Administrator’s decision shall be subject to appeal to the Zoning Board of Appeals and it shall determine if the use was abandoned.
(Ord. passed 7-30-2015; amended 3- -2010)