[Ord. 1352-08, 5/5/2008]
The following provisions shall apply to existing lawful uses,
buildings, structures and lots which do not conform to the requirements
of this chapter or any amendments thereto. The purpose of these provisions
is to reasonably provide for such existing nonconformities. The conversion
or reversion of such nonconformities, however, shall be encouraged
whenever possible.
[Ord. 1352-08, 5/5/2008]
1.
Continuation. Any building, structure or lawful use existing at the
time this Part becomes effective (October 23, 1975) may be continued
indefinitely.
2.
Extension.
A.
A building occupied by a nonconforming use shall not be enlarged,
extended or structurally altered (except as may be required by law
to assure the structural safety of the building) and any nonconforming
use shall not be enlarged or extended except for the following which
may be authorized by special exception by the Zoning Hearing Board:
(1)
The extension of a nonconforming use of a portion of a building
to another portion of the building.
(2)
The reasonable extension of a conforming building occupied by
a nonconforming use on a conforming lot, provided that such extension
is not detrimental to the character of the surrounding area or the
interests of the Borough and that such extension shall conform to
the area and height regulations of the district in which it is located.
B.
A nonconforming building may be rebuilt or altered only:
[Amended by Ord. No. 1473-20, 11/9/2020]
(1)
Where an existing building is nonconforming with regard to one
or more applicable dimensional standards, such building may be extended,
expanded, or enlarged as a matter of right, provided that the degree
of nonconformity is not increased.
(2)
Where an existing building is nonconforming with regard to one
or more applicable dimensional standards, and an extension, expansion,
or enlargement of said building is proposed that would increase the
degree of nonconformity, such extension, expansion, or enlargement
of the nonconformity may only be authorized by approval of a variance
for the same granted by the Zoning Hearing Board.
3.
Change. A nonconforming use of a building or land may be changed
to a nonconforming use of the same or more-restricted classifications,
when authorized by the Zoning Hearing Board as a special exception.
Whenever a nonconforming use of a building or land has been changed
to a use of a more-restricted classification or to a conforming use,
such use shall not thereafter be changed to a use of a less-restricted
classification.
4.
Restoration. A nonconforming building, or a building occupied by
a nonconforming use, which is wholly or partially destroyed by fire,
explosion, flood or other phenomenon, or which has been legally condemned,
may be reconstructed or repaired and/or used for the same nonconforming
use, provided that such building reconstruction shall be commenced
within one year from the date the building was destroyed or condemned
and shall be carried on without interruption.
5.
Abandonment. If a nonconforming use of a building or land is voluntarily
abandoned and ceases for a continuous period of one year or more,
subsequent use of such building or land shall be in conformity with
the provisions of this Part.
[Ord. 1352-08, 5/5/2008]
1.
Held in Single and Separate Ownership. A building may be erected
or altered on any lot held at the time this Part becomes effective
(October 23, 1975) in single and separate ownership which is not of
the required minimum area or width or is of such unusual dimensions
or shape that the owner would have difficulty in providing the required
open spaces for the district in which such lot is located, provided
that the plans for the proposed building shall be approved by the
Zoning Hearing Board after review of the plans to assure reasonable
compliance with the intent of the regulations for the district.
2.
Included in Approved Plans. Buildings may be erected on lots which
are not held in single and separate ownership at the time this Part
becomes effective and which are not of the required area or width
if such lots are included in a land subdivision plan which has been
approved by the Borough Council prior to the effective date of this
Part.
[Ord. 1352-08, 5/5/2008]
The Zoning Officer may provide an applicant with a certificate
of nonconformity if sufficient evidence is provided by the applicant.
