It is the intent of this subchapter to permit the continuance of a lawful use of any building or land existing at the effective date of this chapter; however, as herein provided, no building, structure or use of part thereof, shall be, altered, constructed or reconstructed, except in conformity with the provisions of this chapter. It is hereby declared that the existence of non-conforming uses could be detrimental to the community and special provisions to control their existence and expansion or discontinuance are provided for this chapter.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   Except as otherwise provided in this subchapter, any non-conforming lot, use or structure lawfully existing on the effective date of this chapter or subsequent amendment thereto may be continued so long as it remains otherwise lawful. All non-conformities shall be encouraged to convert to conformity wherever possible and shall be required to convert to conformity status as required by this chapter. The burden of establishing that any non-conformity is a legal non-conformity, as defined by this subchapter, shall, in all cases, be upon the owner of the non-conformity and not upon the township.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   No non-conformity shall be enlarged upon, expanded or extended (including extension of hours of operation) unless the alteration is in full compliance with all requirements of this chapter. Normal maintenance and incidental repair of a legal non-conformity shall be permitted; provided that, this does not violate another section of this subchapter.

   (B)   Nothing in this subchapter shall be deemed to prevent restoring a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares a structure to be unsafe and orders its restoration to a safe condition; provided that, the restoration is not otherwise in violation of the various provisions of this section prohibiting the repair or restoration of partially damaged or destroyed structure or signs.

   (C)   No non-conformity shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved, unless changes are being made to the site in conformance with other sections of this part.

   (D)   No use, structure or sign which is accessory to a principal non-conforming use or structure shall continue after the principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all regulations of this chapter.

   (E)   Any lawful non-conforming use damaged by fire, explosion, an act of God or by other causes may be restored, rebuilt or repaired; provided that, the reconstruction or restoration work does not increase the gross floor area or value of the structure to more than that which is permitted in other sections of this part.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   Nothing in this chapter shall prohibit the enlargement, improvement, or modernization of a lawful nonconforming building to allow for facility improvement provided that such repair does not exceed 50% of the true cash value as determined by the State Equalized Value or increase the size of the primary structure by more than 30%. All improvements must be presented on a site plan developed in accordance with the data requirements of § 155.331(B) and approved by the Board of Appeals.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 12-001, passed 2-21-2012)

   (A)   The Board of Appeals may authorize a change from one non-conforming use to another non-conforming use; provided, the proposed use would be more suitable to the zoning district in which it is located than the non-conforming use which is being replaced. Whenever a non-conforming use has been changed to a more nearly conforming use or to a conforming use, the use shall not revert or be changed back to another non-conforming use unless the change shall be more nearly conforming.

   (B)   Any non-conforming use status may be transferred with the same rights guaranteed the new owners as those belonging to the owners of record on the effective date of this chapter.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   Nothing in this chapter shall prohibit the completion of construction and use of a non-conforming building for which a building permit has been issued prior to the effective date of this chapter, provided that construction is commenced within 90 days after the date of issuance of the permit and that the entire building shall have been completed according to plans filed with the permit application within one year after the issuance of the permit.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   A non-conforming lot of record may be used for any principal use permitted in the zone in which the lot is located, provided that for any use which is to be served by an individual well and/or septic system, the non-conforming lot shall be of a size and design to meet the minimum requirements of the County Health Department for the well or septic systems.

   (B)   If the proposed use is to be a single residential dwelling so that the lot is physically unable to provide the open space or yard requirements of this chapter, those yard requirements shall be waived.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   In accordance with applicable state and local legislation, the township, through its agents, may acquire properties on which non-conforming buildings or uses are located, by condemnation or other means, and may remove the uses or structures. The resultant property may be leased or sold for a conforming use or may be used by township body for a public use. The net cost for the acquisition may be assessed against a benefit district, or may be paid from other sources of revenues.

   (B)   Whenever a non-conforming use has been discontinued for six consecutive months, or for 18 months during any three-year period, the discontinuance shall be considered conclusive evidence of an intention to abandon legally the non-conforming use. At the end of this period of abandonment, the non-conforming use shall not be reestablished, and any future use shall be in conformity with the provisions of this chapter.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)