A.         The following provisions shall apply to all nonconforming uses.

1.   Continuation and change. A nonconforming use may be sold or otherwise transferred to other owners and may be continued, but shall not be changed in use unless to a conforming use.

2.   Enlargement or expansion.

(a)    A nonconforming use may be expanded or enlarged upon approval as a conditional use by the Board of Supervisors and subject to the general criteria set forth in §208-2603 and compliance with the following criteria:

(i)     The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.

(ii)     The extension does not encroach upon the lot area requirements and the maximum building height and other dimensional requirements of the zoning district in which the nonconforming use is presently located.

(iii)    The extension is for the purpose of expanding the nonconforming use in existence at the time of the adoption of this Chapter or amendment thereto which caused the use to become nonconforming.

(iv)    Such extension does not result in an increase in total floor area or lot use area of more than twenty-five (25%) of the floor area or lot area as the same existed at the time of adoption of this Chapter or amendment thereto which caused the use to become non-conforming.

(v)    Adequate parking can be provided in conformance with this Chapter to serve both the original plus expanded use.

(vi)    Such expansion does not present a threat to the health or safety of the community or its residents.

(b)    This subsection shall not apply to signs.

3.   Damage and reconstruction. Any structure which houses a nonconforming use which is damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is initiated and completed within one (1) year of such casualty and if the restored structure has no greater lot coverage and contains no greater cubic content that before such casualty. 

4.   ABANDONMENT. In the event that any nonconforming use conducted in a structure or on a lot is abandoned for a period of twelve (12) consecutive months or longer, such nonconforming use shall be deemed to be abandoned and shall not be resumed. Once the nonconforming use is abandoned, the building or structure and/or lot shall not be used except in conformance with the regulations of the zoning district in which it is located.

 

Last Updated on September 29, 2008
This Visual Interactive Code is intended to assist property owners, developers and residents in understanding and applying the Township's land development ordinances; However, the VIC; does not contain the Township's official land use ordinances in the exact form in which they were adopted, and may not contain the most recent versions of these ordinances. Official copies of the Township's land use ordinances may be obtained by visiting Township offices during regular business hours, 8 am to 4 pm, Mondays through Fridays, or by contacting Township staff at 724-935-3090, extension no. 109.