No
or
shall be enlarged, extended, or structurally altered, nor shall any
be changed to a different
which increases the intensity of use or
, except as permitted in this section.
A. Applicability. The following regulations shall apply to any
or
, including:
1.
of open land.
2.
of
designed for a conforming use.
3.
of
specifically designed for the type of use which occupies them but not suitable for a conforming use.
4.
designed and used for a conforming use but not in conformance with area and
, parking, loading, or
requirements.
5.
, such as
and
.
B. Enlargement, extension, or alteration.
1. Increase in
prohibited. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of any
. For example, physical alteration of
or the placement of new
on open land is unlawful if such activity results in:
a. An increase in the total amount of space devoted to a
; or
b. Greater
with respect to dimensional restrictions, such as
requirements, height limitations,
requirements, or other requirements in the district in which the property is located.
2. Permitted extension. Any
may be extended throughout any part of a
which was manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such
. No
of land shall be enlarged, increased, or extended to occupy a greater area of land, nor shall any such use be moved in whole or in part to any portion of the
or
than was
on the
of this Ordinance or amendment thereto.
3.
that decrease
. Any
or any
or portion thereof containing a
, may be altered if such alteration serves to decrease the nonconforming nature of the
or use. The
shall determine if a proposed alteration will decrease the degree of
.
4.
to area and
requirements. If a proposed alteration is deemed reasonable by the
by virtue of the fact that it would decrease the nonconforming nature of a
or use, but such alteration requires a
from the area or
requirements, then such alteration shall be permitted only if a
is granted by the
.
C. Repairs, improvements, and modernization.
1. Required repairs. Repairs or maintenance deemed necessary by the
to keep a
structurally safe and sound are permitted. However, if a
or a
containing a
becomes physically unsafe and/or unlawful due to lack of maintenance and repairs and is declared as such by the
, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which it is located.
2. Additional permitted improvements. Additional repairs, improvements, or modernization of
, beyond what is required to maintain the safety and soundness of the
, shall be permitted provided such repairs or improvements do not exceed 50% of the assessed value of the
during any period of 12 consecutive months. Any such repairs, improvements, and modernization shall not result in enlargement of the cubic content of the
. The provisions in this paragraph shall apply to all
except as otherwise provided in this article for single-family residential uses and for reconstruction of
damaged by fire or other catastrophe.
D. Damage by fire or other catastrophe.
Any
or
housing a
that is damaged by fire, flood, or other means in excess of 50% of the structure's pre-catastrophe fair market value (as determined by the Township Assessor) shall not be rebuilt, repaired, or reconstructed, except in complete conformity with the provisions of this Ordinance. Single-family residences may be restored according to the provisions of § 3.03, subsection J.
In the event that the damage is less than 50% of the
’s pre-catastrophe fair market value, the
may be restored to its pre-catastrophe status. Such restoration shall take place only upon approval of the
and in full compliance with applicable provisions of this Ordinance.
(Ord. passed 7-9-2013)