The purpose of this article is to regulate nonconforming uses, nonconforming buildings and structures, nonconforming lots, and nonconforming signs. The zoning districts established by this chapter are designed to guide the future use of the Township's land by encouraging the development of desirable residential, commercial, and other uses with appropriate groupings of compatible and related uses that promote and protect the public health, safety, and general welfare. The regulations of this article are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood.

When permitted. Subject to the provisions of this section, a use of building or of land existing at the time of the legal adoption of this chapter may be continued even though such use does not conform with the provisions of this chapter for the district in which it is located.

Continuation of nonconforming use. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed.

Change of nonconforming use to conforming.

Expansion or extension of nonconforming use. Extension of a nonconforming use of the land upon the lot which occupied by such use may be extended as a special exception upon approval through application to the ZHB subject to the following:

Abandonment. A legal nonconforming use of a building or land which has been abandoned intentionally shall not thereafter be returned to such nonconforming use and shall be considered abandoned under the following circumstances.

Nonconforming accessory uses and structures. No use, structure, or sign that is accessory to a principal nonconforming use shall continue after such principal use, structure, or sign has been abandoned or removed, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.

Unsafe structure. Nothing in this chapter shall prevent the strengthening or restoring to safe condition of any portion of a building structure that is declared unsafe by the proper authority.

Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of the legal enactment of this chapter.

Continuation of nonconforming buildings or structures. Any nonconforming building or structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this section.

Structural alteration of nonconforming buildings or structures. A lawful nonconforming use of a building or structure existing at the time of the adoption of this chapter or an amendment hereto may be structurally altered. Such alteration shall not expand its nonconformity in areas not previously occupied by the nonconforming use unless meeting the requirements of expansion and extension of nonconforming uses as required in this chapter. No parking, yard, space, or bulk nonconformity may be created or increased.

Changes to nonconforming buildings or structures to conforming.

Damage or destruction of nonconforming buildings or structures.

Expansion or extension of nonconforming buildings or structures.

Repairs, renovations, and modernization of nonconforming buildings or structures.

No increase in the size of or area covered by the nonconforming use or area of the use within the building or structure is allowed except as provided for in this chapter. The areas of nonconforming use within a building or structure may be rearranged in connection with such repairs, renovation, or modernization, provided that no enlargement or expansion of the nonconforming use occurs.

Alterations. A nonconforming building or structure may be altered, improved, or reconstructed provided such work does not exceed the fair market value of the building or structure or provided the building structure is changed to a conforming use.

Construction approved prior to legal enactment of this chapter. Nothing herein contained shall require any change in plans, construction, or designated use of a building or structure for which a zoning/building permit has been issued and the construction of which shall have been diligently pursued within two months of the date of such permit, and the ground story framework of which shall be completed within four months of the date of the permit, and which the entire building shall be completed according to such plans as filed within one year from the date of legal enactment of this chapter.

In any district in which single-family dwellings are a use by right, notwithstanding the regulations imposed by any other provisions of this chapter, a single-family detached dwelling which complies with the yard, space, and bulk requirements of the district in which it is located may be erected on a nonconforming lot adjacent to an improved street. Nothing in the requirements of this chapter relating to lot area per dwelling unit shall be held to prohibit the erection of a single-dwelling unit upon a lot having less than the required street frontage or the area of which is less than that prescribed as the lot area per dwelling unit, provided that such lot, at the time of the passage of this chapter, was held under separate ownership from any adjoining lots or provided that, at the time of the passage of this chapter, a recorded plan of lots or subdivision of property shows such lot to be a separate and distinct numbered lot.

A nonconforming lot of record may be used for any "permitted use by right" in the district in which it is located if land development approval can be granted in accordance with the provisions of the SALDO.

District changes.

Continuation of nonconforming signs. Subject to the limitations and termination provisions hereinafter set forth, any lawfully existing nonconforming sign may be continued so long as it otherwise remains lawful after the effective date of this chapter:

In the course of administering and enforcing this chapter and reviewing applications for zoning certificates, temporary use permits, sign permits, or variances, the Zoning Officer may register nonconforming uses, nonconforming structures, and nonconforming lots as they become known through the application and enforcement process. Registration and proof of nonconforming uses, structures, and lots shall be the burden of the property owner.

All nonconforming uses, buildings, structures, and lots must be on record prior to any expansion or enlargement occurs.

The Zoning Officer shall register all nonconforming uses, buildings, or structures upon receipt of the information. A description of each affected property including its location and ongoing classification; a detailed description of each nonconforming use, building or structure, including why it is nonconforming; the date and detailed description of any alteration, restoration, reconstruction, change, extension, or enlargement; the date of any abandonment or discontinuance; and any other pertinent information.