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(A) Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
(B) Continuation of nonconformities.
(1) A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners.
(2) Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
(3) If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.
(C) Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under division (D) below.
(1) Nonconforming structure.
(a) The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded provided:
1. Such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; or
2. Any expanded area will comply with the applicable setbacks in that District and other requirements of this chapter, except as may be allowed under division (C)(1)(c) below.
(b) In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c) As a special exception, the Zoning Hearing Board may approve a reduction of up to 50% in a side or rear setback for an existing dwelling if the applicant proves such setback is necessary to allow a customary addition to such dwelling or a replacement of an existing undersized dwelling with a new dwelling. This division (C)(1)(c) shall not allow a reduction in setback to increase the number of dwelling units on the lot.
(2) Nonconforming lots.
(a) Permitted construction on a nonconforming lot. A single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot provided all of the following additional requirements are met:
1. The lot must be a lawful nonconforming lot of record;
2. Minimum setback requirements shall be met;
3. State and federal wetland regulations shall be met; and
4. If a septic or well is used, the requirements for such shall be met.
(b) Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
(3) Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions.
(b) Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c) 1. The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.
2. The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d) Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4) Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted by right use provided that:
(a) The number of dwelling units or rooming house units are not increased;
(b) The expansion meets all applicable setbacks;
(c) No new types of nonconformities are created; and
(d) A nonconformity is not made more severe.
(5) Nonconforming sign. The provisions of this chapter shall not provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
(D) Damaged or destroyed nonconformities.
(1) A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if:
(a) The application for a building permit is submitted within 18 months after the date of damage or destruction;
(b) Work begins in earnest within 12 months afterward the building permit is issued and continues; and
(c) No nonconformity may be newly created or increased by any reconstruction.
(2) The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
(E) Abandonment of a nonconformity.
(1) If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except as provided for in the damaged or destroyed nonconformities provisions of this section in division (D) above.
(2) The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.
(3) An existing lawful separate dwelling unit may be unrented for any period of time without being considered “abandoned” under this chapter.
(F) Changes from one nonconforming use to another.
(1) Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2) A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3) Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the pre-existing nonconforming use with regard to:
(a) Traffic safety and generation (especially truck traffic);
(b) Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances and explosive hazards;
(c) Amount and character of outdoor storage;
(d) Hours of operation if the use would be close to dwellings; and
(e) Compatibility with the character of the surrounding area.
(4) A nonconforming use shall not be changed to a nonconforming adult use.
(G) District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
(Ord. 126, passed 3-18-2010)
The following advisory guidelines are intended to assist the applicant in the preparation of site and building plans and to assist the township in reviews.
(A) Relation of proposed buildings to the surrounding environment. Relate proposed structure(s) harmoniously to the terrain. Seek compatibility and logical transitions between existing and proposed uses, create focal points with respect to avenues of approach, and relate open space between all existing and proposed buildings.
(B) Drive, parking and circulation. For vehicular and pedestrian circulation (including walkways, interior drives, and parking) give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, stacking capacity at drive-through facilities, separation of main pedestrian crossings from the more heavily traveled vehicular routes.
(C) Surface water drainage. Comply with the township stormwater management regulations to minimize flooding on other properties. Consider methods to allow stormwater to infiltrate into the ground, as opposed to running off the ground. Separate possible contaminates from stormwater runoff routes. Make sure that vehicle routes can properly function during heavy rains.
(D) Utility service. Place cable, electric service and telephone lines underground, wherever possible. Locate above-ground utility structures to minimize their visibility and use earth-tone colors and landscaping around them when feasible.
(E) Signs. Avoid excessively bright or garish signage and avoid use of day glow colors. Minimize the height of signs and add landscaping around the base of larger signs.
(F) Special features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.
(G) Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure the grade changes are compatible with the general appearance of the neighboring developed areas. Strive to protect the serenity of the surroundings and restore the trees and soil to their condition before development.
(H) Solar energy use. Consider the desirability and feasibility of active and passive solar energy use. Orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.
(Ord. 126, passed 3-18-2010)
(A) Site plans submitted to the township shall show the proposed location of any garbage dumpsters. The township may require that such proposed location be modified to provide compatibility with adjacent uses.
(B) Garbage dumpsters shall be surrounded on at least three of four sides by a solid fencing, wall or landscaping if the dumpster would be visible from a street or a residential lot. This section is not intended to regulate temporary dumpsters for construction or renovation debris.
(Ord. 126, passed 3-18-2010)
The township may approve two single-family detached dwellings if one of the following sets of conditions are met.
(A) Two single-family detached dwellings may be allowed on the lot if both buildings existed prior to the adoption of this chapter, and if one dwelling unit was converted from an agricultural building, spring house or a similar historic building.
(B) Two single-family detached dwellings may be allowed on a lot if the applicant proves to the satisfaction of the township that the land could be subdivided in the future in a manner that would result in two conforming lots, each with their own dwelling unit, and if each dwelling unit has its own well, unless each dwelling unit is served by a public water system, and its own on-lot septic system, unless each dwelling unit is served by a public sewage system.
(Ord. 126, passed 3-18-2010; Ord. 170, passed - -2023)
ENVIRONMENTALLY SENSITIVE AREAS
(A) All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site.
(B) All uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading and destruction of the ground surface, the preservation of substantial stands of trees and forested areas, and the preservation of attractive views and any other natural features existing on the site.
(Ord. 126, passed 3-18-2010)
(A) No land or structure in any zoning district shall be used or occupied in any manner that creates any:
(1) Dangerous, injurious, noxious or otherwise objectionable condition;
(2) Fire, explosive other hazards;
(3) Heat, electromagnetic or other radiation;
(4) Noise or vibration;
(5) Dust nuisance; or
(6) Any other condition in such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.
(Ord. 126, passed 3-18-2010) Penalty, see § 155.999
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