A.
Within the districts established by this chapter or
subsequent amendments thereto, there exist or will exist certain nonconformities
which, if lawful before this chapter was passed or amended, may be
continued, subject to certain limitations, although such nonconformities
would be prohibited, regulated or restricted under the terms of this
chapter or subsequent amendments thereto.
B.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which building construction has been diligently carried on in conformity with § 225-43B of this chapter.
A.
Except as hereinafter provided for in this section,
structures or buildings and uses permitted in the district may be
erected or established on any nonconforming lot, notwithstanding limitations
imposed by other provisions of this chapter. This provision shall
apply even though such lot fails to meet the requirements for area
or width, or both, that are applicable in the district, provided that
yard requirements, other than those applying to area or width, or
both, shall conform to the requirements of the district in which the
lot is located.
B.
In those districts requiring different minimum lot
requirements for different permitted uses, when a nonconforming lot
does not comply with any minimum lot requirements for the district
in which the lot is located, then only the use which requires the
minimum deviation from the existing nonconforming lot dimensions may
be used by right under this provision. Any other use on a nonconforming
lot or any variance of yard requirements shall be obtained only through
action of the Zoning Hearing Board.
C.
If two or more lots, combination of lots and portions
of lots with continuous frontage in single ownership are of record
at the time of passage or amendment of this chapter, and if all or
part of the lots does not meet the requirements established for lot
width and/or area, the land involved shall be considered to be an
undivided parcel for the purpose of this chapter, and no portion of
said parcel shall be used or sold in a manner which diminishes compliance
with lot width and/or area requirements established by this chapter,
nor shall any division of any parcel be made which creates a lot with
width and/or area below the requirements stated in this chapter. No
division of any parcel shall be made which creates a lot with a width
or area below the requirements stated in this chapter, as from time
to time amended.
D.
When an application for approval of a subdivision,
whether preliminary or final, has been approved, or approved subject
to conditions acceptable to the applicant, no subsequent amendment
to this chapter shall be applied to affect adversely the right of
the applicant to commence and to complete any aspect of the approved
subdivision in accordance with the terms of such approval within five
years of such approval. When final approval is preceded by preliminary
approval, the five-year period shall be counted from the date of preliminary
approval.
Lawful use of land which at the effective date
of this chapter or as a result of subsequent amendments thereto becomes
nonconforming, and when such use involves no individual structure
or building with a replacement cost exceeding $1,000, may be continued
by the present or any subsequent owner so long as it remains otherwise
lawful, subject to the following provisions:
A.
Extension. No such nonconforming use shall be enlarged
or increased or extended to occupy a greater area of land than was
owned or leased by the user at the effective date of adoption or amendment
of this chapter; provided, however, that no extension of a nonconforming
use of land shall exceed 50% of the area occupied by said nonconforming
use of land at the time such nonconforming use of land became nonconforming.
B.
Discontinuance. Whenever a nonconforming use has been
discontinued for a period of 12 consecutive months, such use shall
not thereafter be reestablished. Any further use shall be in conformity
with the provisions of this chapter.
C.
Changes of use. A nonconforming use, if changed to
a conforming use, shall not thereafter be changed back to any nonconforming
use. A nonconforming use may, by special exception, be changed to
another nonconforming use, provided that the Zoning Hearing Board
shall find that the proposed use is equally appropriate or more appropriate
in the district than the existing nonconforming use.
D.
Additional structures or buildings. No additional
structures or buildings shall be erected in connection with such nonconforming
use of land.
A structure or building which at the effective
date of this chapter or subsequent amendments thereto becomes nonconforming
by reason of restrictions on area, lot coverage, height, yards, its
location on the lot or other requirements concerning the building
or structure may be continued to be used so long as such structure
or building remains otherwise lawful, subject to the following provisions:
A.
Enlargement. No such nonconforming structure or building
may be enlarged or altered in a way which increases its nonconformity,
but any structure or building or portion thereof may be altered to
decrease its nonconformity.
B.
Damage or destruction.
[Amended 7-20-2006 by Ord. No. 14-2006; 6-16-2015 by Ord. No. 4-2015]
(1)
Any nonconforming building or structure which is totally or partially
destroyed by any means may not be rebuilt, unless said structure or
building is reconstructed pursuant to the requirements herein below
set forth.
(2)
A nonconforming building or structure which is partially destroyed
by any means may be reconstructed as long as the basic structural
elements of the original building are retained. Such determination
shall be made by the Borough Building Code Official. The reconstructed
portions of a nonconforming building or structure shall not increase
the nonconformity with the zoning district in which it is located.
(3)
A nonconforming building or structure which is totally destroyed
by fire, explosion, acts of God or acts of the public enemy shall
be permitted to be reconstructed pursuant to the following provisions:
(a)
The reconstruction of the nonconforming building or structure
shall begin within one year of the destruction of said building or
structure and continue uninterrupted until such building or structure
is completely rebuilt.
(b)
The reconstruction of the building or structure will not increase
the nonconformity of the building or structure from the way it existed
before it was destroyed.
(c)
Based on plans and evidence submitted to the Building Code Official
and the Zoning Officer, the size, architecture and design of the reconstructed
building or structure is not appreciably changed from the way it existed
before it was destroyed.
(d)
Unless the building or structure is determined to be a significant
building that could be reconstructed under the Historic Building Code
or is otherwise determined by the Building Official, the structure
shall meet the current Uniform Construction Code requirements in place
at the time that a building permit for the reconstruction of the building
or structure is sought.
C.
Moving of structure or building. No nonconforming
structure or building shall be, for any reason, moved for any distance
unless it shall thereafter conform to the zoning regulations for the
district in which it is located after it is moved.
Lawful uses of structures or buildings, which
uses at the effective date of this chapter or as a result of subsequent
amendments thereto become nonconforming, may be continued so long
as such use remains otherwise lawful, subject to the following provisions:
A.
Extension. A nonconforming use may be extended throughout
any part of an existing structure or building or a new addition may
be constructed, provided that any extension or addition shall comply
with all provisions of this chapter with respect to height, area,
width, yard and lot coverage requirements for the district in which
the structure or building is located and that such addition shall
not exceed 50% of the gross floor area of the existing building or
structure.
B.
Change of use. A nonconforming use, if changed to
a conforming use, shall not thereafter be changed back to any nonconforming
use. A nonconforming use may, by special exception, be changed to
another nonconforming use, provided that the Zoning Hearing Board
shall find that the proposed use is equally appropriate or more appropriate
in the district than the existing nonconforming use.
C.
Discontinuance. Whenever a nonconforming use of a
structure or building or portion thereof has been discontinued or
abandoned for 12 consecutive months, such structure or building or
portion thereof shall not thereafter be used for a nonconforming use.
D.
Removal, destruction or renovation.
[Amended 6-16-2015 by Ord. No. 4-2015]
(1)
Any building or structure which is totally or partially destroyed
by any means may not be rebuilt and used for a nonconforming use,
unless said structure or building is reconstructed pursuant to the
requirements herein below set forth.
(2)
A building or structure in which a non-conforming use exists which
is partially destroyed by any means may be reconstructed and used
for the same nonconforming use as long as the basic structural elements
of the original building or structure are retained. Such determination
shall be made by the Borough Building Code Official. The reconstructed
portions of the building or structure shall not increase the nonconforming
use of the building or structure with the zoning district in which
it is located.
(3)
A nonconforming building or structure which is totally destroyed
by fire, explosion, acts of God or acts of the public enemy shall
be permitted to be reconstructed pursuant to the following provisions:
(a)
The reconstruction of the building or structure shall begin
within one year of the destruction of said building or structure and
continue uninterrupted until such building or structure is completely
rebuilt.
(b)
The reconstruction of the building or structure will not increase
the nonconformity of the building or structure from the way it existed
before it was destroyed.
(c)
Based on plans and evidence submitted to the Building Code Official
and the Zoning Officer, the size, architecture and design of the reconstructed
building or structure is not appreciably changed from the way it existed
before it was destroyed.
(d)
Unless the building or structure is determined to be a significant
building that could be reconstructed under the Historic Building Code
or is otherwise determined by the Building Official, the structure
shall meet the current Uniform Construction Code requirements in place
at the time that a building permit for the reconstruction of the building
or structure is sought.
[Amended 3-26-1996 by Ord. No. 3-1996; 7-20-2006 by Ord. No.
14-2006]
Notwithstanding any other provisions of this chapter, where § 225-29 of this chapter requires a certain minimum number of off-street parking spaces for a particular use, then the use, whether permitted or nonconforming, shall not be enlarged or expanded unless the required number of parking spaces is provided for such use. Whenever the use is changed, § 225-29 shall apply to such new use.
If a nonconforming structure or building or
portion thereof becomes physically unsafe or unlawful due to lack
of repairs or maintenance and is declared by the Code Enforcement
Officer of the Borough or any other duly authorized official to be
unsafe or unlawful by reason of physical condition, such structure
or building shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations of the district in which
it is located.
Any use which is permitted as a special exception
in a district under the terms of this chapter (other than a change
through Zoning Hearing Board action from one nonconforming use to
another nonconforming use) shall not be deemed a nonconforming use
in such district but shall without further action be considered a
conforming use.
