Lebanon Township City Zoning Code
ARTICLE VI
Nonconforming Lots, Uses and Structures
§ 400-48 Unimproved, nonconforming lot.
See § 400-8B.
§ 400-49 Continuation of use.
A use, building or structure, lawfully in existence at the effective day of this chapter, which shall be made nonconforming at the passage of this chapter may be continued except as otherwise provided in this article.
§ 400-50 Regulation of nonconforming uses.
A.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or as follows:
(1)
Restoration. Any nonconforming use or structure damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the floor area of such use or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be commenced within one year after damage occurs and shall be completed within two years of such date or such use shall not be rebuilt except as a conforming use. Where the fire, casualty, or act of God requires an applicant to replace the existing foundation and where the previous location was a clear and imminent threat to the occupants of the structure, the traveling public, or adjacent residents and neighbors, the Planning Board may require that the restored structure be relocated or rebuilt to reduce the clear and imminent danger, if possible.
(2)
Repairs. Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use and does not increase the number of dwelling units.
(3)
Change of a nonconforming use. The change of any nonconforming use for any period of time shall be considered an abandonment of the nonconforming use, and such nonconforming use shall not thereafter be revived.
B.
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building or structure declared unsafe or unlawful by the Construction Official or other authorized state or Township official.
§ 400-51 Expansion of nonconforming single-family dwellings located on conforming lots.
[Added by Ord. No. 2002-12; amended 12-6-2017 by Ord. No. 2017-07]
Any existing nonconforming single-family detached dwelling which exists as of the enactment of this chapter may be expanded, without violating this chapter, and without requiring a variance, where the lot on which the dwelling is located meets all applicable lot area, lot frontage, and lot width requirements of the zone, and where the proposed expansion meets all applicable yard requirements, and will not otherwise increase or expand the nonconformity of the existing dwelling. A variance will not be required in the case where a new roof to replace an existing roof on an existing single-family detached dwelling, where the height of the proposed new roof will comply with the height requirements for the zone, will not increase or otherwise alter the existing building envelope of the dwelling, and where no additional living space is proposed.
§ 400-52 Additions to single-family dwellings on undersized lots.
[Added by Ord. No. 2002-12; amended 12-6-2017 by Ord. No. 2017-08]
An addition to a single-family detached dwelling may be erected on a lot which does not meet the applicable lot area requirement, without violating this chapter and without requiring a variance, where both the existing dwelling and the proposed addition to the dwelling meet all applicable yard requirements for the zone, and the only nonconformity is the deficiency in lot area. A variance will not be required in the case where a new roof to replace an existing roof on an existing single-family detached dwelling, where the height of the proposed new roof will comply with the height requirements for the zone, will not increase or otherwise alter the existing building envelope of the dwelling, and where no additional living space is proposed.