A.Â
A use, building or structure lawfully in existence
prior to the adoption of this chapter, which does not comply with
the applicable use provisions of this chapter or any applicable amendment
thereto, may be continued except as otherwise provided in this article.
Although legally existing nonconforming uses may be continued, it
is the goal of the Borough to encourage the relocation of such uses
to zones where they will be in conformance with this chapter.
B.Â
Premises vacant at the time of adoption or amendment
of this chapter will be classified according to their use immediately
prior to becoming vacant. Any such use classified as a legal nonconforming
use shall be permitted to continue, providing it is put back into
the same use within 12 months of said adoption or amendment of this
chapter.
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
when required to do so by law or order and as follows:
A.Â
Restoration. Any nonconforming building or structure where less than 50% of its floor area is damaged may be restored, reconstructed, or used as before, provided it shall not exceed the floor area which existed prior to such damage, or as provided under Subsection E hereof; and provided further that it shall be completed within one year of such happening, and that such restoration shall be in conformity with the requirements of this chapter; provided, however, that if such restoration is delayed due to related litigation, the time required to resolve such litigation shall not be counted towards such one year limit.
B.Â
Displacement. A nonconforming use shall not be extended
to displace a conforming use.
C.Â
Change of use.
(1)Â
A nonconforming use or structure shall not be changed
into a use which is permitted in a less restrictive district than
the district where the nonconforming use is first permitted.
(2)Â
A nonconforming use may be changed into a conforming
use.
(3)Â
A nonconforming use which is not a principal permitted
use in any district or which is permitted only as a special exception
or a conditional use may only be changed into a conforming use.
(4)Â
When a nonconforming use shall be changed in accordance
with the provisions hereof, the use of the building or other structure
or tract of land shall not thereafter be changed again except in accordance
with these regulations.
D.Â
Repairs.
(1)Â
Normal maintenance, repairs, and incidental alteration
of a building or other structure containing a nonconforming use is
permitted, provided it does not extend the area or volume of space
occupied by the nonconforming use.
(2)Â
A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability,
provided that no structural alterations shall be made which would
increase the number of dwelling units or the bulk of the building.
E.Â
Expansion. A nonconforming use or structure may be
expanded up to 50% of its volume or area as it exists at the time
of the adoption of this chapter. Such use shall not be expanded, however,
into a more restrictive district than where it is located; and such
use shall not be permitted to expand except in accordance with all
of the building regulations herein.
F.Â
Prior approval. Nothing herein contained shall require
any change in the plans, construction, or designated use of a building
complying with existing laws, a permit for which had been duly granted
and the construction of which shall have been started before the date
of adoption of this chapter or any applicable amendment thereto, and
the ground story framework of which, including the second tier of
beams, shall have been completed within six months of the date of
the permit, and which entire building shall have been completed, according
to such plans as have been filed, within one year of the date of adoption
of this chapter or any applicable amendment thereto.
A.Â
Abandonment. The discontinuance of a nonconforming
use for a period of one year and/or the change of use to a more restricted
or conforming use for any period of time shall be considered an abandonment
and such nonconforming use shall not thereafter be revived. Intent
to resume active operations shall not affect the foregoing.
B.Â
Partial destruction. When 50% or more of the existing
floor area or volume of a nonconforming building or structure or use
of land is destroyed by fire, or by other casualty, or act of God,
the use of such building, structure or land as a nonconforming use
shall thereafter be terminated.
