[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Any building, structure, use of land, use of buildings, lot,
and sign which does not conform to all of the applicable regulations
of the district in which it is located or does not conform to other
applicable requirements of this Chapter shall be considered as nonconforming
if it meets one or more of the following:
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
Nonconforming status shall be classified as follows:
A.
Nonconforming Use. The existing lawful use of land and/or buildings
and/or structures upon the land which does not conform to any of the
permitted uses of the district in which it is located.
B.
Nonconforming Building or Structure. Any existing lawful building
or structure that does not conform to the height, location, size,
bulk, or other dimensional requirements of the district in which it
is located. This does not include signs.
C.
Nonconforming Lot. Any existing lawful lot which does not conform
to the minimum area and/or width requirements for lots in the district
in which it is located, the development of which, however, is in conformance
with all other applicable regulations of this Chapter.
D.
Nonconforming Sign. Any sign, signboard, billboard, or advertising device existing at the time of the passing of this Chapter that does not conform in use, location, height, or size, with the regulations of this Chapter shall be considered a nonconforming sign and shall also be governed by the requirements of Part 21 of this Chapter.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
The following regulations shall govern all properties to which
nonconforming status is applied:
A.
Nonconforming status shall continue, and a property may continue
to be used as nonconforming until it complies with the requirements
of this Chapter.
B.
Change of Use.
(1)
A nonconforming use may be changed to another nonconforming use which is equally appropriate or more appropriate to the district in which the property is located, and is no more detrimental than the existing nonconforming use, as a special exception by the Zoning Hearing Board in accordance with the provisions of Part 6 of this Chapter.
(2)
A nonconforming use shall not be changed to another nonconforming
use that is less appropriate to the district in which the property
is located, and/or is more detrimental than the existing nonconforming
use.
(3)
If a nonconforming use is changed to a conforming use, then
the previous nonconforming status shall become null and void in accordance
with § 27-703(C) below.
C.
Discontinuance. A nonconforming use, when discontinued, may be resumed any time within one year from such discontinuance, but not thereafter, unless a variance is granted by the Zoning Hearing Board in accordance with Part 6 of this Chapter. The resumption may be of the same use, or another nonconforming use which is equally appropriate or more appropriate to the district in which it is located, but shall not be less appropriate or more detrimental than the previous nonconforming use.
D.
Physical Expansion. Physical expansion of a nonconforming building
or building housing a nonconforming use shall be permitted only one
time and shall be limited to 25% of the gross floor area of the existing
building.
E.
Extension or Expansion. A nonconforming use, building, or structure,
not including signs, may be extended or expanded in compliance with
all of the following:
(1)
The parcel on which extension or expansion occurs shall include
only that lot, held in single and separate ownership, on which the
use, building, or structure existed at the time it became nonconforming.
Expansion onto adjoining lots is prohibited.
(2)
Nonconforming use of a building may be extended throughout the
building only in compliance with § 27-703(D) of this Chapter.
(3)
A building, which houses a nonconforming use, may be expanded
only in compliance with § 27-703(D) of this Chapter.
(4)
A nonconforming use may not be extended to a new building.
(5)
A nonconforming building may be expanded only in compliance
with § 27-703(E)(6) of this Chapter.
(6)
In addition to § 27-703(A), (B), (C), (D), and (E)
above, nonconforming uses must comply with the following:
(a)
Extension and/or expansion as permitted in § 27-703(E)(1) through (5) above, shall be permitted only by special exception in accordance with Part 6 of this Chapter, only to the extent that all new construction shall comply with the dimensional standards of the district in which the use is located or the district in which the use is permitted, whichever is more restrictive.
(b)
In addition, when a nonconforming use is expanded, the applicant
must comply with all performance standards of the district in which
the use is permitted or the district in which the use is located,
whichever is more restrictive. The performance standards include,
but are not limited to, the following: parking, signage lighting,
landscaping, noise, and building and impervious coverage.
(c)
In cases where a building is nonconforming as to front, side,
or rear yard setback, an addition may be built on a line with the
existing building, as long as it does not create an additional encroachment
into a required yard. Any further encroachment with regard to required
setbacks will require a variance.
1)
Expansion shall not be permitted to extend closer to the road
legal right-of-way than the front wall of the existing dwelling closest
to the road.
2)
Expansion shall not be permitted to create a new violation of
the minimum side yard setback. An existing dwelling that violates
the side yard may be expanded to the rear along the side yard building
setback established by the wall of the existing building.
3)
An existing dwelling that violates the rear yard may be expanded
to the sides along the rear yard building setback established by the
rear wall of the existing building.
F.
Additional Building Regulations. The following regulations apply
to buildings:
(1)
When new ordinance provisions are adopted and affect planned
construction, which has not been completed:
(a)
Buildings under construction as of the date of adoption of new
ordinance provisions, to the extent of completion of footings, may
be completed as nonconforming buildings provided that valid building
permits have been issued for those buildings.
(b)
The use or uses of buildings governed by subsection (F)(1)(a)
above shall comply with the permitted uses for the district in which
they are located.
(2)
Nonconforming primary structures damaged or destroyed by fire,
explosion, accident, or calamity (as contrasted to deterioration due
to time or neglect) may be reconstructed and used as before, provided
that:
(a)
If repairs constitute substantial improvement, as herein defined,
the structure may be reconstructed only within strict conformity with
all applicable regulations of this Chapter. If the repairs constitute
less than substantial improvement, as herein defined, the structure
may be reconstructed so as to match the dimensions and location of
the damaged building, including height, width, depth and volume.
(b)
Building reconstruction shall be started within one year from
the date the building was damaged or destroyed, and shall be carried
out without interruption.
(c)
The building will pose no hazards to safety by virtue of its
location.
(3)
Legally condemned nonconforming buildings shall not be rebuilt
or used except in conformance with this Chapter.
G.
Contiguous Undeveloped Lots. Where two or more contiguous undeveloped
lots are held in single ownership, within a subdivision which has
been duly recorded prior to the effective date of this Chapter, which
lots are individually not of the required minimum area or width for
the district in which they are situated, such lots may be developed
only in groups thereof in order to provide the minimum lot area and
width required. When all lots in single ownership are combined and
still do not meet area and/or width requirements, they may be considered
a single nonconforming lot in accordance with § 27-703(G)
of this Chapter.
H.
Nonconforming Signs. If and when a nonconforming sign is replaced,
the new sign shall comply with the requirements of this Chapter. "Replacement"
shall not include simply revising the text or color of the sign, but
shall refer to structural replacement and/or relocation of the sign.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Mapping and Recording of Nonconforming Uses, Structures and Lots.
The Zoning Officer may perform a survey of the Borough and record
and map all uses, structures and lots nonconforming to the district
requirements set forth in this Chapter. Such record and map shall
be available for inspection at the Borough Municipal Building. For
each property identified, the Zoning Officer shall have on file a
written record documenting the evidence and reasoning that led to
the assignment of nonconforming status. If the survey, record, and
map are not done, or are incomplete, the nonconforming status may
be determined when applications are filed with the Borough.
2.
Jurisdiction. In all matters pertaining to nonconforming status,
the Zoning Officer shall make the initial determination.
A.
The Zoning Officer may seek the advice of the Borough Solicitor,
and/or others in making a determination.
B.
If it cannot be determined by means of positive documentation that
a use, structure or sign was in lawful existence at the time an ordinance
or amendment would have rendered it nonconforming, the Zoning Officer
must refuse to confer nonconforming status.
C.
If the applicant disagrees with the Zoning Officer's determination,
the applicant may appeal to the Zoning Hearing Board as provided in
the Municipalities Planning Code (Pennsylvania Act 247, as amended),
and in this Chapter.
