[Ord. 560, 6/11/1996, Art. XIV, § 1]
1. Lots, structures and uses of land which were both lawful and existing
prior to the adoption of this chapter, but which are restricted or
prohibited by this chapter, its successors or any amendments, are
permitted to remain and continue, subject to the following regulations:
A. The owner of any legal non-conforming lot, structure or use, made
nonconforming by the enactment of this chapter, or any preceding Zoning
Ordinance, shall register such legal non-conforming lot, structure
or use with the Zoning Officer. In addition, the owner of record of
any non-conformance shall provide, upon request, information required
by the Zoning Officer, which is deemed necessary by the Borough to
ascertain the extent of the non-conformity and/or its legality.
B. Upon the change of a legal non-conformance to a conforming lot, structure,
or use, or in the event of a lapse or destruction of a legal non-conformance,
the owner may request that the lot, structure, or use be deleted from
the list of legal non-conformance.
[Ord. 560, 6/11/1996, Art. XIV, § 2]
1. Residential Lots. In any use district in which residences are listed
as a permitted use, a single-family dwelling and its normally permitted
accessory buildings may be erected on any non-conforming single lot
of record where no conforming, permitted principal structure can otherwise
be erected.
2. Separate Ownership.
A. Any such non-conforming lot of record must, however, be under separate
ownership from adjoining lots and must not have continuous frontage
with other lots under the same ownership.
B. Any such non-conforming lot which is owned by the same owner or a
predecessor in title as an adjoining lot, shall not be considered
a separate buildable zoning lot under this section.
3. Conformance. Except for the lot size (area) requirement, any single-family
dwelling on a non-conforming lot of record under this section shall
otherwise conform to all applicable bulk, area and use regulations,
unless a variance is requested and granted in accordance with this
chapter.
[Ord. 560, 6/11/1996, Art. XIV, § 3]
1. Expansion. No non-conforming use of land shall be enlarged, increased,
expanded, or changed in any manner unless first approved by the Board.
Any such approved enlargement, expansion, increase or change in use
shall be subject to the following specific criteria:
A. The non-conforming use may only be changed to a use of equal or more
restrictive use.
B. When a non-conforming use is changed to a more restrictive use, any
such use shall not thereafter be changed to a less restrictive use.
C. The use may be continued only as long as the structure remains in
use.
D. All technical advances which are known to be available pertaining
to the particular non-conforming use shall be required so as to minimize
the detrimental effect of such use on adjacent structures and uses.
E. In no case shall any approved expansion exceed 25% of the existing
gross floor area of the structure which is currently used for the
non-conforming use.
F. The entire structure, after renovation, shall comply with all building,
housing and health ordinances and any other relevant local, state
or federal regulations.
2. Continuation. Any legal non-conforming use of land shall be permitted
to continue, including subsequent sales of the property for the identical,
existing legally non-conforming use.
3. Discontinuance. If a non-conforming use is discontinued for a period
of 12 consecutive months or more, the legally nonconforming status
shall have automatically been extinguished. Subsequent uses of the
property shall be in full compliance with this chapter.
[Ord. 560, 6/11/1996, Art. XIV, § 4]
1. Expansion. No non-conforming structure shall be enlarged, increased,
expanded or changed in any manner unless approval is requested and
granted by the Board in accordance with this chapter.
2. Continuation. Any legal non-conforming structure shall be permitted
to continue, including subsequent sales of the property.
3. Moving. No non-conforming structure shall be moved in whole or in
part of another location on the lot or anywhere else in the Borough
unless every portion of said structure shall be brought into full
compliance with the provisions of this chapter.
4. Damage or Destruction. Should any such non-conforming structure be
destroyed by any means to an extent of more than 50% of its fair market
value (at the time of destruction), it shall not be reconstructed
except in full compliance with the provisions of this chapter.
5. Repairs or Maintenance. Nothing in this chapter shall be deemed to
prevent the strengthening or restoration for health or safety reasons
of any structure, or part thereof, declared to be unhealthy or unsafe
by any official charged with protecting the public health or safety,
upon the order of such official.