Within the districts established by this chapter or amendments thereto, there exist certain uses, structures, and lots that were lawful before this chapter was enacted or amended but which do not conform to the provisions of this chapter or amendment thereto. These uses, structures or lots are referred to as nonconformities. The regulations governing existing nonconforming uses, structures and lots are set forth in this Article and are intended to provide a gradual remedy for the undesirable conditions resulting from such nonconformities. While such nonconformities are generally permitted to continue, these regulations are intended to restrict further investment in such nonconformities and to bring about their gradual reduction.

All existing structures, lots, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this chapter or amendment thereto shall be regarded as nonconforming and may be continued so long as they remain otherwise lawful, including subsequent sales of property. Such uses must comply with all safety-related and other applicable regulations.

A nonconforming use or structure may be extended, enlarged or altered when so authorized as a special exception, provided that the following conditions are met, and a permit is obtained as per § 395-175.

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use, when authorized as a special exception by the Zoning Hearing Board (Board) subject to the following conditions:

Where a nonconforming use is conducted entirely on unenclosed premises, no structure to house or enclose such use, whether or not such structure would otherwise conform to zoning regulations, shall be permitted to be erected on the premises.

If a nonconforming use of a building or land is abandoned for 12 consecutive months or more, whereby the Township can prove an intent to abandon and an overt act of abandonment, the subsequent use of such building or land shall conform with the regulations of the district in which it is located, unless another nonconforming use is approved by the Board. Such approved use shall be initiated within 120 days after the approval by the Board.

No nonconforming use shall displace a conforming use.

A lot held in single and separate ownership on the effective date of this chapter which does not contain the required minimum area or width may be used for the construction, alteration or reconstruction of a building or may be otherwise used if the construction, alteration, reconstruction, or other use is in compliance with the use, yard, and setback provisions of this chapter.

A nonconforming structure, a conforming structure devoted to a nonconforming use, or a structure that has been legally condemned or destroyed by fire or other cause to less than 75% of its value before the occurrence, may be restored to its former condition and footprint, provided that:

No lot area shall be so reduced that the area of the lot or the dimensions of the open space shall be smaller than herein prescribed.

Regulations for nonconforming signs are in Article XXIII relating to signs.

Every three years, the CEO may prepare or cause to be prepared, a complete list of all nonconforming uses, structures, lots, and signs in the Township.

Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner.

A nonconforming structure altered, or a nonconforming use created, in violation of any previous provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 395-189 upon other nonconforming structures and uses.