A use, building or structure, lawfully in existence at the effective
date of this chapter, which shall be made nonconforming at the passage
of this chapter, or any applicable amendment thereto, may be continued
except as otherwise provided in this chapter.
Where at the time of passage of this chapter lawful use of land
exists which would not be permitted by the regulations imposed by
this chapter, and where such use involves no individual structure
with a replacement cost exceeding the current assessed valuation,
the use may be continued so long as it remains otherwise lawful, provided:
A. No such nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land in excess of 50% of the gross floor
area occupied at the effective date of adoption or amendment of this
chapter;
B. No such nonconforming use shall be moved in whole or in part to any
portion of the lot or parcel other than that occupied by such use
at the effective date of adoption or amendment of this chapter;
C. If any such nonconforming use of land ceases for any reason for a
period of more than one year, and there has been a clear intention
to abandon such use, any subsequent use of such land shall conform
to the regulations specified by this chapter for the district in which
such land is located; and
D. No additional structure not conforming to the requirements of this
chapter shall be erected in connection with such nonconforming use
of land.
Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms
of this chapter by reason of restrictions on area, lot coverage, height,
yards, its location on the lot, or other requirements concerning the
structure, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A. No such nonconforming structure may be enlarged or altered in a way
which increases its nonconformity, but any structure or portion thereof
may be altered to decrease its nonconformity;
B. Should such nonconforming structure or nonconforming portion of structure
be destroyed by any means to an extent of up to 100% of its replacement
cost at time of destruction, it may be reconstructed in its original
location and within the original footprint; and
C. Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
If lawful use involving individual structures with a replacement
cost not exceeding the current assessed valuation or more, or of structure
and premises in combination, exists at the effective date of adoption
or amendment of this chapter that would not be allowed in the district
under the terms of this chapter, the lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved, or structurally altered except
as specified herein and except in changing the use of the structure
to a use permitted in the district in which it is located;
B. Any nonconforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building in excess of 50% of the gross floor area of the existing nonconforming building unless the Borough Zoning Hearing Board approves such extension of lot coverage as a special exception in compliance with the provisions of §
375-106;
C. If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may as a special exception be
changed to another nonconforming use, provided that the Zoning Hearing
Board, either by general rule or by making findings in the specific
case, shall find that the proposed use is equally appropriate or more
appropriate to the district than the existing nonconforming use. In
permitting such change, the Zoning Hearing Board may require appropriate
conditions and safeguards in accordance with the provisions of this
chapter;
D. Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations for the district, and the nonconforming
use may not thereafter be resumed;
E. When a nonconforming use of a structure is discontinued or abandoned
for a period of one year and there has been a clear intent to abandon
such use, the structure shall not thereafter be used except in conformity
with the regulations of the district in which it is located; and
F. Where nonconforming use status applies to a structure and premises
in combination, removal of the structure shall eliminate the nonconforming
status of the land.