Applicability.
The following regulations shall apply to existing uses, structures, buildings, and lots which do not conform to the provisions of this chapter and of any subsequent amendment hereto.
Nonconforming uses.
Except as provided in this article, any use existing at the time of passage or amendment to this chapter may be continued, provided the following are upheld:
A. Continuations. Any lawful nonconforming use of a structure or of land legally existing on the effective date of this chapter may be continued, except as otherwise herein provided.
B. Expansion of use. When approved by the Zoning Hearing Board as a special exception in accordance with
§ 200-141: Criteria for permitting nonconformance and
§ 200-163: Standards for review of special exception requests of this chapter, any lawful nonconforming use of land or a structure may be expanded by no more than 35% of its size, volume, area and/or extent as existed at the time the use became nonconforming. Such expansion of a nonconforming use shall be limited to the lot which was in existence at the time when the use became nonconforming. Only one such expansion shall be permitted per lot.
C. Change in use. Any lawful nonconforming use of a building or of land may be changed to any use permitted by right in the district in which the nonconforming use is located, or to another use of similar character through the granting of a conditional use by the Board of Supervisors of New Garden Township pursuant to the provisions set forth in
§ 200-152: Conditional use procedures.
Nonconforming buildings and structures.
Except as provided in this article, any lawful nonconforming building or structure shall comply with the following:
A. Continuation. Any lawful nonconforming building or structure may continue to exist and be used, provided that such building or structure shall not further deviate from the provisions of this chapter.
B. Restoration. The restoration of a damaged lawful nonconforming building or structure shall be permitted in accordance with the following regulations:
(1) A lawful nonconforming building or structure which has been destroyed by fire or some other calamity to an extent of not more than 75% of its fair market value, may be restored in the same location, provided:
(a) The restored building or structure shall not exceed the prior nonconformities as to height, area, location and/or bulk of the damaged or destroyed building or structure.
(b) Restoration shall begin within one year from the date of damage or destruction and shall be carried on without interruption to completion. Sufficient evidence of hardship beyond the control of the applicant or landowner, as determined by the Board, in its sole discretion, is necessary to request an extension of such time.
(2) A lawful nonconforming building or structure which has been destroyed by fire or some other calamity to an extent of 75% or more of its fair market value, may be restored provided the rebuilt structure complies with all area, bulk and design standards of the zoning district in which the building or structure is located.
(1) It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the Township.
(2) No more than one extension to a nonconforming building or structure shall be granted.
(3) Such extension conforms to the applicable height, area and bulk regulations of the zoning district where such building or structure is located.
Nonconforming lots.
The following regulations shall apply to proposed structures or buildings upon lawful nonconforming lots:
A. A lot which does not meet the required minimum area or dimensional requirements, or is of such unusual dimensions to prevent required applicable area and bulk standards from being met, may be used or have a building erected or altered upon it providing that all applicable provisions of this chapter are met.
B. In the event a lot has unusual dimensions, or other factors which prevent applicable area and bulk standards from being met, and/or where alterations or enlargements would cause further deviation from applicable zoning district requirements, a variance shall be required from the Zoning Hearing Board. In addition to variance criteria set forth in
§ 200-162: Standards for review of variance requests, the applicant shall also comply with the standards set forth in
§ 200-141: Criteria for permitting nonconformance.
C. In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this chapter or lessen the nonconformity of the lot, such property or portions thereof shall be combined with the nonconforming lot prior to the erection or alteration of a building or structure, and to permit compliance with applicable area and bulk requirements.
Abandonment.
If a lawful nonconforming use of land or of a building or structure is abandoned, discontinued or left vacant for a continuous period of one year or more, subsequent use of such building or structure or land shall be in strict conformity with the provisions of this chapter.
Criteria for permitting nonconformance.
In considering a special exception to permit a nonconforming use, building or structure to occur, or to permit a use, building or structure to occur on a nonconforming lot, the Zoning Hearing Board shall consider the following criteria, in addition to the variance criteria set forth in
§ 200-163: Standards for review of special exception requests:
A. Nonconforming lots. The proposed use conforms to the permitted uses in the district in which such lot lies.
B. Nonconforming buildings and structures. The alteration or expansion of such buildings and structures shall:
(1) Not further deviate from the building height requirements of the district.
(2) Not adversely impact any adjoining properties.
C. Nonconforming use. The design standards imposed for uses in the most restrictive zoning district where such nonconforming use is permitted shall apply to the use of the lot.
D. General. The criteria established under
§ 200-163: Standards for review of special exception requests for a special exception have been met.
Registration of nonconforming uses, buildings and structures.
The Township Zoning Officer shall identify and register all nonconforming uses and nonconforming buildings and structures in existence at the effective date of this chapter. Uses, buildings and structures included in the register shall be considered the only lawful nonconforming uses, buildings and structures in existence at the time of adoption. The Zoning Officer shall compile the register within one year from the effective date of this chapter.
Nonconforming signs.
Any legally existing sign that does not conform to the provisions of
Article XVI: Design Standards of this chapter shall be considered a lawful nonconforming sign. All lawful nonconforming signs may be repainted, repaired or modernized, provided such improvements do not increase the dimensions, nor increase the nonconformity of the existing nonconforming sign. Nonconforming signs shall not be lighted, other than as existed prior to the time when such signs became nonconforming.
Displacement.
No nonconforming use shall be extended to displace conforming uses.
