Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XX
Nonconforming Uses
§ 230-139 Nonconforming buildings, structures and uses.
A.
Continuation. Any building or other structure or any use of a building or other structure or land lawfully existing immediately prior to the effective date of this chapter which does not conform to the provisions of this chapter shall be considered a lawful nonconforming building, structure or use and may be continued, except as otherwise herein provided.
B.
Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification when authorized as a special exception. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
C.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause may be reconstructed in the same location, provided that:
(1)
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as provided in Subsection E of this section; and
(2)
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
D.
Abandonment. If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of one year or more or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
E.
Extension.
[Amended 3-9-1992 by Ord. No. 17-066]
(1)
Nonconforming building or use. Any lawful nonconforming use of a portion of a building may be extended throughout the building, and any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of the ordinance which rendered the property nonconforming, provided that the increase in horizontal cross-section area of the building, or portion of building, shall not be in excess of 30% of the horizontal cross-section area of the building on the lot existing on the date it became lawfully nonconforming and provided, further, that any extension shall conform to all height, area, width, yard, building coverage, impervious material coverage, green area coverage and landscaping and screening requirements for the zoning district in which it is located and the off-street parking requirements for the specific use.
(2)
Use of nonconforming lot. Any lawful nonconforming use of a lot which does not involve the use of a building may be extended upon any lot held in single and separate ownership on the effective date of the ordinance which rendered the use nonconforming, provided that the increase in horizontal cross-section area devoted to the use shall not be in excess of 30% of the horizontal cross-section area devoted to the use existing on the date it became a lawful nonconforming use and provided, further, that any extension shall conform to all area, width, yard, building coverage, impervious material coverage, green area coverage and landscaping and screening requirements for the zoning district in which it is located.
(3)
Nonconforming commercial or industrial use. In the case of an extension of a lawful nonconforming commercial or industrial use, any extension shall conform to the off-street parking requirements for the specific use under Article XIX. Any such extension shall also conform to either the green area coverage and landscaping and screening requirements for the specific use as provided under Article XIII, XIV or XVII or the green area coverage and landscaping and screening requirements of the district in which it is located, whichever is the more restrictive.
F.
Registration. Upon application or request by any owner, the Zoning Officer shall investigate at the expense of the applicant and, if appropriate, cause the nonconformity to be identified. After the investigation, the Township Zoning Officer shall register all legal nonconforming lots, structures and uses when the nonconformity is established to the Zoning Officer's satisfaction.
[Amended 6-22-1992 by Ord. No. 92-1; 7-26-1993 by Ord. No. 93-17Z]
(1)
All nonconforming lots, structures and uses shall be identified by:
(a)
Location and description of the lot, use or structure.
(b)
Name and address of the owner and tenant, if any.
(c)
Date when the nonconformity came into existence.
(d)
Description of the nonconforming lot, use or structure, being specific as to the type, extent and nature of the nonconformity. In regards to a dimensional nonconformity, proof verifiable by the Zoning Office by way of survey or plan may be required.
(2)
After any legal nonconformity has been confirmed, the Zoning Officer shall provide registration forms to the owner of record of all lots, structures and uses so identified. The Zoning Officer shall maintain an ongoing record in a separate ledger, inscribed "Established Nonconformities to the Zoning Ordinance," of all properly registered, legal nonconformities existing within the Township.
(3)
The Zoning Officer shall not have the duty to initiate action to identify and register nonconforming lots, structures or uses. The Zoning Officer shall have no legal duty to register any nonconforming lots, structures or uses except as requested and properly established by the owner. A schedule shall be established by the Township to determine by resolution the office cost of the registration investigation. This registration investigation fee shall be paid by the applicant, along with such other fees and charges as are incurred to assist the Code Enforcement Office in the verification.
§ 230-140 Nonconforming lots.
In any residential district, for any use permitted in such district a building may be erected or altered on any unimproved lot held in single and separate ownership on the effective date of this chapter which is not of the required minimum area or width.