The provisions of this article shall apply to buildings, structures,
signs, lands and uses which become nonconforming as the result of
the application of this chapter to them or from classification or
reclassification of the property under this chapter or any subsequent
amendments thereto.
Regardless of the size of a lot of record prior to the passage
of this chapter, such lot may be developed for any use permitted in
the district in which the lot is located, provided that, where setback,
width, density or other requirements are less than required, the Zoning
Hearing Board permits development to occur by granting a variance.
Where at the effective date of adoption or amendment of this
chapter, lawful use of land exists that is made no longer permissible
under the terms of this chapter, as enacted or amended, such use may
be continued so long as it remains otherwise lawful, provided the
following conditions are applied:
A.Â
No such nonconforming use of land shall be extended to occupy a greater
area than was occupied at the effective date of adoption or amendment
of this chapter; such area construed to mean the property in the ownership
of the operator containing the nonconforming use.
B.Â
If any such nonconforming use of land ceases for any reason for a
period of one year, any subsequent use of such land shall conform
to the regulations specified by this chapter in the district in which
such land is located.
Where a structure exists on a property at the effective date
of this chapter or any amendment to it and does not conform to the
requirements of this chapter regarding height, setbacks from street
or lot lines, lot coverage, etc., such structure may remain, subject
to the following provisions:
A.Â
No such structure may be altered so that its nonconformity with respect
to its location and bulk on the property is increased.
B.Â
A structure housing a nonconforming use but capable of being enlarged
without violating other requirements of this chapter may not be increased
in area upon the ground or in height.
C.Â
Any replacement of such structure as a result of total damage shall
be carried out in conformance with this chapter, or if this is not
possible such replacement shall not increase the nonconformity of
the structure's location. Replacement shall commence within one
year of damage or else shall occur in accordance with requirements
for new construction within the zone district where the structure
is located.
D.Â
Should such structure be moved, it shall thereafter conform to requirements
of this chapter regarding location on the property.
Where a structure and/or its premises exists lawfully prior
to adoption or amendment of this chapter, and becomes nonconforming
as a result of passage of this chapter, it may remain in the same
use indefinitely, provided the following conditions are applied:
A.Â
A nonconforming use may be extended throughout a structure it occupies
at the time of adoption or amendment of this chapter rendering it
nonconforming.
B.Â
Provided no structural alterations are made, any nonconforming use
of a structure may be changed to a second nonconforming use upon approval
of an application to the Zoning Hearing Board requesting such change,
such approval being based, in the Board's findings, upon the
second nonconforming use being equally or more appropriate to the
zoning district than the original nonconforming use.
C.Â
The nonconforming use of a structure and/or premises may be superseded
by a use permitted in the zoning district where the structure is located,
and the use of the structure and/or premises shall thereafter conform
to the regulations of this chapter.
D.Â
When a nonconforming use of a structure and/or premises ceases for
a period of one year, such use of the structure and/or premises shall
not thereafter be reestablished.
E.Â
Where a nonconforming use of structure and premises exists in combination,
the removal of the structure and/or use in the structure shall terminate
the nonconforming use of the premises.
F.Â
The maintaining or strengthening to a safe condition of any nonconforming
structure shall not be interpreted as being denied by any portion
of this article.
A.Â
The Planning Commission shall have prepared within one year after
adoption of this chapter a map of the Borough showing the location
of each nonconforming use of land and/or structure present at the
time of adoption.
B.Â
The Commission shall keep the map current, with the help of the Zoning
Officer, in whose charge the map shall be kept, by the addition of
nonconforming uses as amendments to this chapter are adopted and by
the deletion of nonconforming uses as they are eliminated.
C.Â
The Zoning Officer shall establish, maintain and at all times keep
current a record identifying and registering all nonconforming uses
and nonconforming structures in the Borough.
[Added 10-19-1976 by Ord. No. 1048]
