(a)   Within the districts established by this Zoning Code or amendments thereto, there exist certain uses, structures and lots which were lawful before this Zoning Code was enacted or amended, but which do not conform to the provisions of this Zoning Code or amendments thereto. These uses, structures or lots are referred to as nonconformities.

   (b)   The regulations governing existing nonconforming uses, structures and lots are set forth in this chapter and are intended to provide a gradual remedy for the undesirable conditions resulting from such nonconformities. While such nonconformities are generally permitted to continue, these regulations are intended to restrict further investment in such nonconformities and to bring about their gradual reduction.

(Ord. 896, passed 12-21-2011)

   All structures, lots, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this Zoning Code or amendments thereto, shall be regarded as nonconforming and may be continued so long as they remain otherwise lawful, including subsequent sales of property. Such uses must comply with all safety related and other applicable regulations.

(Ord. 896, passed 12-21-2011)

   A nonconforming use or structure may be extended, enlarged or altered when so authorized as a special exception provided that the following conditions are met:

   (a)   It is clear that such enlargement or extension is not materially detrimental to the health, safety and welfare of the surrounding area or the interest of the township;

   (b)   The proposed enlargement or extension only occurs on the tract where the nonconformity is currently located;

   (c)   The nonconforming structure, or the area devoted to the nonconforming use, shall be increased by not more than 50%;

   (d)   Any extension or enlargement of a building shall conform to the area, height and setback regulations of the district in which it is located; and

   (e)   No more than one extension or enlargement to a nonconforming use or structure shall be granted.

(Ord. 896, passed 12-21-2011)

   (a)   Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

   (b)   A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use only if permitted as a special exception and subject to the following conditions.

      (1)   The applicant shall show that the nonconforming use cannot be reasonably changed to a conforming use.

      (2)   The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use, or will be more appropriate than the existing nonconforming use with regard to:

         A.   Traffic generation and congestion;

         B.   Parking;

         C.   Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration;

         D.   Outdoor storage; and

         E.   Sanitary sewage disposal.

(Ord. 896, passed 12-21-2011)

   In the C Commercial District a dwelling in existence at the time of the adoption of this Zoning Code may be converted to a nonresidential use permitted in the district when such conversion is authorized by the Zoning Hearing Board as a special exception, provided that:

   (a)   The proposed use shall comply with the yard, area and off-street parking requirements of the district;

   (b)   No existing yards or required open space shall be reduced to less than the requirement of the district;

   (c)   The proposed conversion shall be in keeping with the predominant character of the area in which the conversion would take place and shall not detract from the use of an adjoining property;

   (d)   All requirements of this chapter and other applicable state and township building, safety and housing codes or regulations shall be followed;

   (e)   No dwelling shall be converted unless the Zoning Hearing Board and Township Engineer are assured that, when completed, the building will comply with sound, present-day standards for the proposed use; and

   (f)   The Zoning Hearing Board may require any reasonable, additional conditions it may deem appropriate in connection with the proposed conversion and use.

(Ord. 896, passed 12-21-2011)

   Where a nonconforming use is conducted entirely on unenclosed premises, no structure to house or enclose such use, whether or not such structure would otherwise conform to zoning regulations, shall be permitted to be erected on the premises.

(Ord. 896, passed 12-21-2011)

   If a nonconforming use of a building or land is abandoned for six consecutive months or more, whereby the owner discontinues the use, the subsequent use of such a building or land shall conform with the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board. Such approved use shall be initiated within 90 days after the end of the six-month period.

(Ord. 896, passed 12-21-2011)

   (a)   Except for residential structures, a nonconforming structure or a conforming structure devoted to a nonconforming use which has been destroyed by fire or other cause to an extent of not more than 50% of the value of the structure, or a nonconforming structure which has been legally condemned may be reconstructed and used for the same nonconforming use provided that:

      (1)   The reconstructed structure shall not exceed the height, area and volume of the building destroyed or condemned; and

      (2)   Reconstruction of the structure shall commence within one year from the date the structure was destroyed or condemned, unless the Zoning Hearing Board shall authorize a special exception for an extension of this time limit.

   (b)   A nonconforming residential structure which is destroyed or damaged by fire or other casualty or act of God may be restored to its condition prior to the occurrence.

(Ord. 896, passed 12-21-2011)

   (a)   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of six consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.

   (b)   If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by the Code Enforcement Officer (CEO) to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

   (c)   Nothing in this Zoning Code shall be construed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the CEO or other official charged with protecting the public safety.

(Ord. 896, passed 12-21-2011)

   No nonconforming use shall displace a conforming use.

(Ord. 896, passed 12-21-2011)

   A lot held in single and separate ownership on the effective date of this Zoning Code which does not contain the required minimum area or width may be used for the construction, alteration or reconstruction of a building, or may be otherwise used if the construction, alteration, reconstruction or other use is in compliance with the use, yard, setback, and other pertinent provisions of this Zoning Code.

(Ord. 896, passed 12-21-2011)

   No lot area shall be so reduced that the area of the lot or the dimensions of the open space shall be smaller than herein prescribed.

(Ord. 896, passed 12-21-2011)

   Regulations for nonconforming signs are in Chapter 1282 relating to signs.

(Ord. 896, passed 12-21-2011)

   The CEO shall prepare, or cause to be prepared, within three years after the effective date of this Zoning Code, a complete list of all nonconforming uses, structures, lots and signs in the township.

(Ord. 896, passed 12-21-2011)

   Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner.

(Ord. 896, passed 12-21-2011)

   A nonconforming structure altered or a nonconforming use created in violation of any previous provisions in this chapter shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 1294.02 upon other nonconforming structures and uses.

(Ord. 896, passed 12-21-2011)