It is the purpose of this article to limit the
injurious impact of nonconforming uses, lots and structures on other
adjacent properties within a particular district and the community
as a whole, while recognizing that alterations, continuations and
extensions of nonconforming uses and/or structures may not be contrary
to the public interest or the general purpose of this chapter, when
failure to allow such alteration, continuation or extension would
itself lead to neighborhood or district deterioration. It is further
the purpose of this article to prescribe those standards which are
to be applied by the Borough in determining the reasonableness of
a proposal to alter, continue or extend a nonconforming use, lot,
or structure. The following are regulations which shall apply to the
alteration, continuation or extension of nonconforming uses, lots
or structures.
[Amended 11-1-2021 by Ord. No. 709]
Normal maintenance and repair activities, such as painting,
replacing a roof, etc., are permitted, as well as minor alterations
and interior renovations that do not structurally alter the habitable
portion of any principal building, or result in a different nature
of use than currently existing. Improvements made for safety and accessibility,
such as ramps, lifts, vestibules, canopies, and other entryway/ exit
changes shall be considered such minor additions and improvements
and may be permitted under accessory use standards.
[Amended 11-1-2021 by Ord. No. 709]
All changes and additions to nonconforming uses, lots, or structures, except for accessory uses customary to the principal use and those minor additions and improvements identified in § 210-26 and otherwise provided for above, shall be considered conditional uses, and permits for alterations, changes in use or additions shall be granted only after a determination by the Borough Council that the following conditions have been, or will be, satisfied:
A.
Storage of materials. There shall be no increase in the amount of materials, supplies and/or products that are stored outside a nonconforming structure or lot, or a nonconforming use, excepting those types of uses outlined in § 210-27B below.
B.
Screening. Where the nonconforming use is one which
necessarily results in the storage of large quantities of material,
supplies or products outside (such as a wood products manufacturer,
vehicle and equipment sales or similar operation), the use may only
be expanded if a solid fence of wood and/or a dense evergreen screen,
not less than six feet in height, is present on all sides of the immediate
area in use. Stored material shall not exceed the height of the screening
material and nine feet at the maximum.
C.
Yards and setbacks. No addition, change or expansion of a nonconforming use or structure shall further violate setback and/or height regulations of the district in which it is located, except for minor additions and improvements as provided in § 210-26 above, and further provided that front, rear and side yards of no less than five feet shall be maintained, into which no such addition or improvement is extended.
E.
Parking and traffic. In no case will a change, addition
or expansion of a nonconforming use or structure be allowed which
would result in the diversion of traffic, or relocation of a driveway
on the site to any point nearer a residential property, or result
in violation of any of the parking and unloading requirements of this
chapter. If the total number of parking spaces for the site is to
be increased more than 25% over those available as of the date of
this chapter, the Borough may require vegetative screening of the
parking area from nearby residential areas.
F.
Extension onto other properties. The nonconforming use or structure may only be expanded or extended onto another property of record if that property is immediately adjacent to the lot on which the original structure or use was located as of the effective date of this chapter or amendments hereto; the owner has clearly exhausted the alternatives available for expansion on the existing property; the use is not one which has been altogether prohibited as a new use under this chapter and the owner has combined the affected properties into one larger lot and recorded a new deed for same by way of Chapter 183, Subdivision and Land Development.
G.
Prohibited expansions. Should the use proposed for
expansion or extension be one which is specifically prohibited as
a new use in the Borough or is a use judged by Borough Council, with
the advice of the Planning Commission, to be one similar to such a
use or of such a nature as to impose health, safety or welfare concerns
which cannot be satisfied by the imposition of the conditions permitted
under this chapter, the requested expansion or extension shall be
denied.
A nonconforming use may be reestablished within
a period of 12 months after it has been discontinued or vacated, with
an extension in time allowable, granted by Council, where proven necessary.
[Amended 11-1-2021 by Ord. No. 709]
Any nonconforming residential structure that is damaged or destroyed
may be restored or reconstructed within 36 months of the date of the
damage or destruction. If less than 75% of the floor area of any other
nonconforming structure or use is damaged, it may be restored or reconstructed
within 36 months of the date of the damage. Where more than 75% of
the floor area of any nonconforming residential use is damaged, it
may be restored or reconstructed as a conditional use.
[Amended 11-1-2021 by Ord. No. 709]
A structure may be erected on any existing nonconforming lot
of record, providing the owner does not own adjoining property, in
which case the parcels shall be considered as one for purposes of
building development; no yard is reduced unless absolutely necessary
and to no less than 50% of the requirement for the district in which
it is located; and a sewage permit can be properly issued. All building
development on such a lot shall otherwise comply with all zoning requirements.
