Where, within the districts established by this chapter or amendments
that may be later adopted, there exists lots, structures, and uses
of land and structures which were lawful before this chapter was amended,
but which would be prohibited, regulated or restricted under the terms
of this chapter or future amendments, these nonconforming uses may
continue until they are removed. Nonconforming uses shall be identified
and a list maintained by the Borough, and changes in occupancies,
reconstruction, remodeling, or alterations shall comply with the current
building codes.[1]
[1]:
Editor's Note: See Ch. 107, Construction Codes, Uniform.
A.
Subject to the provisions of this section, a use of building or land
existing at the time of the enactment of this chapter may be continued
even though such use does not conform with the provisions of these
regulations for the district in which it is located.
B.
All nonconforming structures and uses shall be registered with the
Zoning Officer and the Building Inspector.
C.
In any district in which single-family dwellings are permitted, notwithstanding
limitations imposed by other provisions of this section, a single-family
dwelling and customary accessory buildings may be erected on any single
lot of record at the effective date of this amendment. Such a lot
must be in a separate subdivision. This provision shall apply even
though such lot fails to meet the requirements for area or width,
or both, that are generally applicable in the district, provided that
yard dimensions and other requirements not involving area or width,
or both, of the lot shall conform to the regulations for the district
in which such lot is located. Variance of area, width, and yard requirements
shall be obtained only through action of the Zoning Hearing Board
and subject to special conditions imposed thereon.
A nonconforming building or structure may be altered, improved
or reconstructed. Said alteration, improvement or reconstruction shall
be permitted only if it is a normal, natural or consistent growth
of the same character as that of the use existing at the time of passage
of this chapter.
Nothing in this chapter shall prevent the reconstruction, repairing,
rebuilding and continued use of any nonconforming building or structure
damaged by fire, collapse, explosion or act of God subsequent to the
date of this chapter.
A nonconforming use shall not be extended, except in compliance
with state law, but the extension of a lawful use to any portion of
a nonconforming building or structure which existed prior to the enactment
of this chapter shall not be deemed the extension of such nonconforming
use.
No nonconforming building, structure, or use shall be changed
to another nonconforming use. An existing nonconforming use may continue
even through a change of ownership or occupant.
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure for which
a zoning permit has been issued and the construction of which shall
have been diligently prosecuted within two months of the date of such
permit and the ground story framework of which shall have been completed
within four months of the date of the permit and which entire building
shall be completed according to such plans as filed within one year
from the date of this chapter.
A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such nonconforming use. A nonconforming
use shall be considered abandoned as follows:
A.
When the intent of the owner to discontinue the use is apparent;
B.
When the characteristic equipment and furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within 90 days, unless other facts show intention
to resume the nonconforming use;
C.
When a nonconforming use has been discontinued for a period of one
year;
D.
When it has been replaced by a conforming use; or
E.
When it has been changed to another use under permit from the Zoning
Hearing Board.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the foregoing provisions shall apply to any nonconforming
uses existing therein.
