Purpose. It is the purpose of this article to recognize that if a lot legally existed, was used for a then-lawful purpose or in a then lawful manner, and/or contained a legally existing structure, prior to the enactment of a zoning provision in this chapter, or in any amendment, reenactment or replacement thereof, which no longer permitted and rendered the same nonconforming, such lot, use and/or structure is generally held to have a vested right to continue such nonconformity, subject to the right of the Township to regulate any change, alteration, reconstruction, reestablishment, expansion, destruction and abandonment of such nonconformity in accordance with the Pennsylvania Municipalities Planning Code[1] and general case law.

Applicability. The provisions and protections of this Article XIV shall apply only to those nonconforming lots, structures and uses which legally preexisted the applicable provisions of this chapter, or any amendment, reenactment or replacement thereof, which rendered them nonconforming. Any lot, structure or use created, constructed or established after the effective date of a zoning provision which did not conform to the applicable requirements in effect when it was created, constructed or established shall be considered an illegal lot, structure or use subject to the penalties prescribed by this chapter, and the said lot, structure or use shall not be entitled to any of the protections afforded to legal, preexisting nonconforming lots, structures or uses.

Registration. It shall be the responsibility of the party asserting a preexisting nonconformity to provide to the Zoning Officer evidence/proof sufficient to establish that the nonconformity was legally preexisting. A property owner may request a written certificate of nonconformance from the Zoning Officer after providing sufficient evidence to establish that fact. The Zoning Officer may submit any application for a certificate of nonconformance to the Planning Commission for review and recommendation with regard to the evidence of nonconformity.

Single lots. In any district, a principal structure/use and customary accessory buildings allowed in the district may be erected on any single nonconforming lot which is legally of record in the Monroe County Recorder of Deeds Office, provided there is compliance with all water and sewage requirements and other requirements and limitations imposed by other provisions of this chapter other than minimum lot area, lot width or both.

Merger of nonconforming lots. If a lot owner owns two or more contiguous nonconforming lots and wishes to construct an improvement encompassing more than one of the nonconforming lots, the nonconforming lots must be merged by a lot consolidation which complies with the requirements of Chapter 450, Subdivision and Land Development, and by recorded deed, a copy of which must be supplied to the Township before any building or zoning permit will be issued.

Such nonconforming use shall not be enlarged, altered, extended, reestablished or restored without approval of a conditional use by the Board of Supervisors, unless otherwise specifically permitted by the provisions of this Article XIV.

Any modification of the nonconforming use shall take place only on the same lot as that existing at the time the use became nonconforming.

Any modification of the nonconforming use shall conform with area, building height, parking, sign, water, sewer and other requirements of the district in which said use is located.

Any proposed alteration shall not, in the aggregate, exceed 50% of the floor area and/or ground area devoted to the nonconforming use at the time the use became nonconforming.

Any proposed alteration shall not have an increased detrimental effect on the surrounding neighborhood.

Such nonconforming use shall not be moved to another off-site location where such use would be nonconforming.

Such nonconforming use shall not be changed to another nonconforming use without approval by the Zoning Hearing Board and then only to a use which, in the opinion of the Zoning Hearing Board, is of the same or of a more restricted (i.e., more conforming) nature.

Such nonconforming use shall not be reestablished if such use has been abandoned for any reason. A nonconforming use shall be deemed as abandoned when there occurs a cessation or discontinuance of any such use or activity by an apparent act or failure to act on the part of the occupant or owner and a failure to reinstate such use within a period of one year from the date of cessation or discontinuance. Vacation of land or structures or the nonoperative status of the use normally carried on shall be evidence of discontinuance.

A change of a nonconforming use to a conforming use shall be processed in accordance with the classification of the proposed use as a permitted use by right or conditional use by the district regulations, and such change of a nonconforming use to a conforming use shall constitute an abandonment of the nonconforming use, with the result that a reversion to a nonconforming use is prohibited.

Conditional use. All expansions or enlargements of nonconforming uses into a greater area of a structure or onto a greater area of a lot or property shall require conditional use approval from the Board of Supervisors pursuant to the specific procedures and review criteria contained in this chapter, and the review factors in § 525-53 of this article.

Expansion onto other properties of record in the same ownership; new structures. Expansions or enlargements of a nonconforming use shall only be on land contiguous to the existing use on the same parcel of property on which the nonconforming use is situated, as said parcel existed on the effective date of this chapter, or any amendment thereto, which rendered the use nonconforming. For any nonconforming uses not involving a structure, no new structures shall be permitted as part of an expansion or enlargement of that nonconforming use.

Expansion limitation. An expansion or enlargement with respect to land or structure utilized for the nonconforming use shall be limited to a total increase not to exceed 25% of area of land and 25% of utilized area of a structure beyond what existed on the effective date of this chapter, as amended, that rendered the use nonconforming. Expansions or enlargements of a nonconforming use may be permitted in successive increments up to the total increase permitted; however, each increment shall be addressed by a separate application, and applications for successive increments shall only be entertained by the Township upon the completion of the previously approved extension or enlargement.

Regulation compliance. Expansions or enlargements shall comply with all dimensional, parking, water, sewer and other development regulations otherwise applicable to the district in which such use is located.

Prohibited expansions. Proposed expansions or enlargements of uses which are not necessary to accommodate natural growth and/or modernization of a business are not permitted.

Alterations, enlargements and expansions. A structure that is nonconforming may be altered, enlarged and/or expanded, including an extension of a nonconforming building footprint, so long as the alteration, enlargement and/or expansion does not create a new dimensional nonconformity or worsen an existing dimensional nonconformity (such as the area of the building extending into the required setback), and any altered, enlarged or expanded area will comply with the applicable setbacks in that district and other requirements of this chapter. The foregoing notwithstanding, in the event a nonconforming structure is located entirely within the front yard building setback, the same can be altered, enlarged and/or expanded to the rear (i.e., towards the building setback line). Furthermore, in the case of a nonconforming structure which is used by a nonconforming use, any alteration, enlargement or expansion shall also meet the requirements for nonconforming uses as set forth in this article.

Procedure for permits. All applicable permits and approvals for the alteration, enlargement or expansion of a nonconforming structure shall be required. Such alteration, enlargement or expansion shall also require the granting of conditional use approval by the Board of Supervisors if the alteration, enlargement or expansion involves a change or expansion of a nonconforming use as regulated by §§ 525-47 and 525-48 of this article, respectively.

Damage or destruction. A nonconforming structure that has been destroyed or damaged by fire, storm or other casualty (excluding intentional damage, destruction or demolition by the owner thereof) may be rebuilt to its pre-damage/destruction nonconforming condition, but only if:

Voluntary demolition. The reconstruction of any nonconforming structure which has been voluntarily removed for a reason other than damage or destruction by a casualty shall meet current setback, lot coverage, height and other applicable requirements of this chapter.

Nuisance considerations.

Specific considerations.