A.
Frontage required onto improved street: Each proposed
new lot shall directly abut a public street, a street proposed to
be dedicated to the Borough by the subdivision plan which created
or creates such lot, or a private street which meets all of the requirements
of the Borough Subdivision and Land Development Ordinance.[1]
B.
Number of principal uses and principal buildings per
lot.
(1)
A lot in a nonresidential district may include more
than one permitted principal use per lot and/or more than one permitted
principal building per lot, provided that all of the requirements
are met for each use and each building. If differing dimensional requirements
apply for different uses on the lot, then the most restrictive requirement
shall apply.
(a)
For example, if Use One requires a one-acre
lot area and Use Two on the same lot requires a two-acre lot area,
then the lot shall have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan that
demonstrates that each structure would meet the requirements of this
chapter.
(c)
The land shall be in common ownership. However,
a condominium form of ownership of individual buildings, with a legally
binding property owners' association, may be established if the applicant
proves to the satisfaction of the Zoning Officer, based upon review
by the Borough Solicitor, that there will be appropriate legal mechanisms
in place.
(2)
A lot within a residential district shall not include
more than one principal use and shall not include more than one principal
building unless specifically permitted by this chapter.
(a)
A condominium residential development or apartment
development may include more than one principal building per lot,
provided all other requirements of this chapter and applicable state
law are met. Proper agreements acceptable to the Borough shall be
required to ensure proper maintenance of any commonly owned facilities.
C.
Minimum size of dwellings: Each dwelling unit created
after the effective date of this chapter shall include, at a minimum,
bathing facilities, a separate kitchen and a separate bedroom. Each
dwelling unit shall include the following minimum amounts of enclosed
habitable, indoor, heated floor area, which shall be primarily above
the ground level:
The maximum structure height specified for each district shall not apply to: antennas that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "Height" in § 560-18.
A.
In general: No lot, structure or use shall be created
or developed in such a way that it would result in another lot, building
or use not being able to meet the requirements of this chapter. This
includes, but is not limited to, setback areas, nonimpervious areas
and off-street parking areas.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots: For a corner lot, the minimum side yard
depth abutting a public street shall be equal to the minimum depth
of the front yard.
(2)
Projections into required yards:
(a)
Cornices, eaves or sills that do not include
space usable by persons may extend or project into a required yard
not more than three feet, except as may be required within a drainage
or utility easement.
(b)
Handicapped ramps necessary to provide entrance
to a building may be located within a required setback area.
(3)
Front yard setback exception: In any district within
a block containing a lot proposed for a construction or expansion
of a building, where 50% or more of the improved lots on such block
frontage currently have front yards of less depth than is currently
required for that district and where the clear majority of such lots
are already developed, by special exception the Zoning Hearing Board
may permit the average of such existing front setbacks to establish
the minimum front yard depth for the remainder of the frontage.
D.
Buffer yards: The provisions of the Subdivision and
Land Development Ordinance shall apply. If any of the following are
not regulated under the Subdivision and Land Development Ordinance,
then a buffer yard shall be required under this Zoning Ordinance.
In such case, the buffer yard shall meet all of the buffer yard requirements
stated in the Subdivision and Land Development Ordinance, which are
hereby included by reference.[2]
The provisions of the Subdivision and Land Development
Ordinance shall apply.[1]
A.
Proof and registration of nonconformities: It shall
be the responsibility of, with the burden of proof upon, a party asserting
a nonconformity to provide the evidence that it is lawful. A property
owner may request a written statement of nonconformity from the Zoning
Officer after providing sufficient evidence.
B.
Continuation: A lawful nonconforming use, structure
or lot as defined by this chapter may be continued and may be sold
and continued by new owners. Any expansion of, construction upon or
change in use of a nonconformity shall only occur in conformance with
this section.
C.
Expansion of or construction upon nonconformities.
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming
structure to be reconstructed or expanded, provided:
[1]
That such action will not increase the severity
or amount of the nonconformity (such as the area of the building extending
into the required yard) or create any new nonconformity; and
[2]
That any expanded area will comply with the
applicable setbacks in that district and other requirements of this
chapter.
(b)
In the case of a nonconforming structure which
is used by a nonconforming use, any expansion shall also meet the
requirements of this section regarding nonconforming uses.
(c)
Extension along a nonconforming setback: If
an existing building has a lawfully nonconforming building setback,
additions may occur to increase the height above such setback or to
extend other portions of the building out to the nonconforming side
or rear setback line, provided that:
[1]
The structure shall not be extended beyond the
existing nonconforming setback line;
[2]
No additional nonconformity shall be created;
[3]
The new nonconforming extension shall not be
greater than 25% of the existing floor area;
[4]
All other requirements of this chapter shall
be met; and
[5]
Such addition shall not be permitted for a nonresidential
building that abuts an existing primarily residential use.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot:
New permitted structures for a single permitted by right principal
use and its customary accessory uses may be constructed, reconstructed
or expanded on a nonconforming lot of record held in single and separate
ownership as a permitted by right use if minimum setback requirements
are met.
(3)
Expansion of a nonconforming nonresidential use: A
nonconforming use or a building used by a nonconforming use shall
not be expanded, except in accordance with the following provisions.
(a)
An expansion of more than 10% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b)
Such reconstruction or expansion shall be only
upon the same lot that the nonconforming use was located upon at the
time the use became nonconforming.
(c)
The total building floor area used by a nonconforming
use or the total land area covered by the nonconforming use, whichever
is more restrictive, shall not be increased by greater than 25% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
[1]
The above maximum increase shall be measured
in aggregate over the entire life of the nonconformity. All expansions
of the nonconforming use and/or building(s) that occurred since the
use originally became nonconforming shall count towards the above
maximum increase.
(d)
Any expansion of a nonconforming use shall meet
the required setbacks and other requirements of this chapter.
(4)
Expansion of a nonconforming residential use: An existing
nonconforming residential use may be expanded as a permitted by right
use, provided that: a) the number of dwelling units or rooming house
units are not increased; b) the expansion meets all applicable setbacks;
c) no new types of nonconformities are created; and d) a nonconformity
is not made more severe.
(5)
Nonconforming sign: The provisions of this chapter
shall not be interpreted to provide a right to expand or extend a
nonconforming sign. Instead, any expansions or extensions of a nonconforming
sign shall comply with this chapter.
D.
Damaged or destroyed nonconformities: A nonconforming
structure that has been destroyed or damaged may be rebuilt in a nonconforming
fashion only if: a) the application for a building permit is submitted
within 18 months after the date of damage or destruction; b) work
begins in earnest within 12 months afterwards and continues; and c)
no nonconformity may be created or increased by any reconstruction.
The property shall be properly secured during such time in such a
way to keep out trespassers and to avoid harm to neighboring properties.
E.
Abandonment of a nonconformity:
(1)
If a nonconforming use of a building or land is discontinued,
razed, removed or abandoned for 12 or more months, subsequent use
of such building or land shall conform with the regulations of the
district in which it is located, except:
(a)
As provided for in the "Damaged or destroyed
nonconformities" provisions of this section.
(2)
If requested in writing by the Zoning Officer, the
applicant shall be responsible to provide written information regarding
how the building or land was used over a certain time period.
F.
Changes from one nonconforming use to another:
(1)
Once changed to a conforming use, a structure or land
shall not revert to a nonconforming use. In order to receive a permit
for a conforming use, the Borough may require the applicant to sign
a written statement that the nonconforming use has been abandoned.
(2)
A nonconforming use may be changed to a different
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board. However, special exception approval is not needed
for a simple change within an existing building from one lawful nonconforming
retail store use to another retail store use or from one lawful nonconforming
personal service use to another personal service use, provided that
the new use complies with any Zoning Hearing Board conditions that
applied to the previous use and is not more objectionable in external
effects than the previous use.
(3)
Where special exception approval is required for a
change of a nonconforming use, the Board shall determine whether the
applicant has provided sufficient proof to show that the proposed
new use will be equal or less objectionable in external effects than
the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck
traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare,
vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close
to dwellings; and
(e)
Compatibility with the character of the surrounding
area.
(4)
A nonconforming use shall not be changed to a nonconforming
adult use.
