Any nonconforming use or structure legally existing at the effective date of this chapter or that is created whenever a district is changed by amendment hereafter, may be continued, altered, reconstructed, changed, sold or maintained even though it does not conform to the regulations of the district in which it is located, except as may be provided below. It is the intent of this chapter to permit these nonconformities to continue until they are removed, discontinued or abandoned. (See § 286-86 for nonconforming lots.)
A.
General application of provisions. Nothing contained herein shall
require any change in plans, construction, or designated use of a
building or structure which complies with existing laws or for which
a zoning permit was granted and/or where the construction shall have
started before the date of adoption of this chapter or applicable
amendment thereto.
B.
Abandonment. If any nonconforming use, or building or structure occupied by a nonconforming use is abandoned for a period of six months, the future use of such building, structure or land shall be in conformity with Article III, District Regulations, of this chapter. A nonconforming use shall be judged to be abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of six months from the date of cessation or discontinuance.
C.
Repairs, alterations, restoration and reconstruction.
(1)
Exterior repairs and other general maintenance adjustments may be made to a nonconforming building or structure or to a building or structure occupied by a nonconforming use. Such adjustments shall, however, be subject to all applicable zoning and building permit requirements. (See § 286-94.)
(2)
A nonconforming building or structure, or a building or structure
occupied by a nonconforming use, which is damaged by fire, flood or
other natural cause, may be reconstructed, restored and used as before,
provided that:
(a)
The Zoning Officer approves the application for restoration
or reconstruction where 25% or less of the volume or gross floor area
of the use, or building or structure occupied by the nonconforming
use, is destroyed, and the Zoning Hearing Board approves the application
where more than 25% destruction occurs;
(b)
Said restoration or reconstruction commences within one year
of the damage, or within such additional time as may be authorized
by the Zoning Officer or Zoning Hearing Board, as applicable, for
due cause and is diligently prosecuted to completion;
(c)
Said restoration or reconstruction does not exceed the size,
height and area that existed prior to the damage, unless approved
by the Zoning Hearing Board;
(d)
Where the nonconformity is located within any identified flood fringe or general floodplain area, the restoration or reconstruction will comply, to the greatest extent possible, with all floodproofing requirements contained in § 286-58 of this chapter; and
(e)
Where the nonconformity is located within any identified floodway
area, such nonconformity may only be restored, reconstructed and used
as before, provided that:
(3)
When reviewing applications for restoration or reconstruction, the
Zoning Hearing Board shall give due consideration to the welfare of
the community in its entirety and may attach such reasonable conditions
and safeguards as they deem appropriate to implement the purposes
of this chapter.
D.
Extensions and enlargements.
(1)
Structural alterations may be made to extend or enlarge a nonconforming building or structure or a building or structure occupied by a nonconforming use, except in an identified floodway area. Such extension or enlargement shall, however, be subject to all applicable zoning and/or building permit requirements (See § 286-94.) and may only be authorized where:
(a)
The Zoning Hearing Board approves the proposed extension or
enlargement;
(b)
The extension or enlargement does not extend the structure or
use beyond the remainder of the lot or parcel as it existed at the
effective date of this chapter, nor extend the structure or use by
an aggregate total of more than 25% of the gross floor area occupied
by the use at the time it became nonconforming;
(c)
The extension or enlargement conforms to the yard and height
requirements of the district in which it is located; and
(d)
The use is not expanded or extended into a more restrictive
zoning district.
(2)
When reviewing applications for extension or enlargement, the Zoning
Hearing Board shall give due consideration to the welfare of the community
in its entirety and may attach such reasonable conditions and safeguards
as they deem appropriate to implement the purposes of this chapter.
(3)
A nonconforming use shall not be extended to displace a conforming
use, unless authorized by the Zoning Hearing Board.
(4)
For nonconforming uses whose normal operations involve nonstructural
expansion, expansion shall be permitted by right up to 25% of the
volume or area of the nonconformity which existed at the effective
date of this chapter. For expansion beyond 25%, approval must be obtained
from the Zoning Hearing Board.
(5)
Any nonconforming building or structure, or building or structure
occupied by a nonconforming use, which is moved for any reason, must
meet all requirements of the district in which it is to be located.
(6)
A nonconforming sign may be continued and may be replaced with substantially
the same type of sign if such sign is initially nonconforming.
E.
Change of use.
(1)
A nonconforming use of a building, structure or land may be changed
to a nonconforming use of the same or a more restricted classification,
subject to the following conditions:
(a)
The Zoning Hearing Board shall approve all proposed changes,
except where the proposed change involves a conditional use, then
Borough Council shall determine whether the proposal is approved;
and
(b)
The applicant shall show that the proposed change will be no
more objectionable in external effect than the existing nonconforming
use with respect to:
[1]
Traffic generation and congestion, including truck, passenger
car and pedestrian movement;
[2]
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare,
vibration, or lighting;
[3]
Open or outside storage, and waste collection and disposal;
and
[4]
Appearance, character, and nature of the neighborhood or area.
(2)
When reviewing applications for change of use, the Zoning Hearing
Board or Council, as applicable, shall give due consideration to the
welfare of the community in its entirety and may attach such reasonable
conditions and safeguards as they deem appropriate to implement the
purposes of this chapter.
(3)
Whenever a nonconforming use has been changed to a conforming use,
such use shall not thereafter be changed back to a nonconforming use.
(4)
Whenever a nonconforming use has been changed to another nonconforming
use in accordance with the provisions of this chapter, such use shall
not thereafter be changed again, except in conformance with these
regulations.
F.
Certification. A certificate of nonconformance shall be issued by
the Zoning Officer for all nonconforming uses or structures upon written
request of the property owner or occupant. Sufficient evidence shall
be provided by the applicant at the time of such request which documents
the existence of the nonconformity at the time of enactment of this
chapter. Any applicant aggrieved of the process for obtaining said
certificate or of any decision rendered therefrom, may file an appeal
with the Borough Zoning Hearing Board.
Any nonconforming lot legally existing at the time of adoption
of this chapter or that is created whenever a district is changed
by amendment hereafter, may be continued and/or maintained even though
it does not conform to the regulations of the district in which it
is located. It is not the intent of this chapter to be overly restrictive
or to cause a hardship for any property owner, but rather to allow
these nonconforming lots to continue until they are eliminated as
single entities, possibly through the addition of such lots to adjacent
property.
A.
Lot changes. If any nonconforming lot becomes conforming through
its addition to adjacent land, said lot shall not thereafter be changed
back to a nonconforming lot.
B.
Repairs, alterations, restoration and reconstruction.
(1)
Exterior repairs, nonstructural alterations, and other general maintenance adjustments may be made to a conforming structure on a nonconforming lot. Such adjustments shall, however, be subject to all applicable zoning and building permit requirements. (See § 286-94.)
(2)
A conforming use situated on a nonconforming lot which is damaged
by fire, flood, or other natural cause may be reconstructed, restored,
and used as before, provided that:
(a)
Said restoration or reconstruction does not exceed the size,
height, and area that existed prior to the damage, unless approved
otherwise by the Zoning Hearing Board; and
(b)
If located in any identified floodplain area, the provisions of § 286-85C(2)(d) and (e) above shall be met.
C.
Existing undeveloped lots of record. In the case of an undeveloped
lot of record which existed at the effective date of this chapter
which does not meet the minimum area requirements for the district
in which it is located, a permissible principal structure may be placed
on the parcel, provided that:
(1)
The owner does not own adjoining land which could be combined to
form a conforming lot;
(2)
Each side yard is not less than 15 feet in the I District when abutting
another lot in the same district; not less than 10 feet in the C District
when abutting another lot in the same district; not less than eight
feet in the R1 and R4 Districts; and not less than five feet in the
R2 and R3 and CBD Districts (except that no side yard is required
where fire-rated party walls are used);
(3)
The rear yard is not less than 25 feet in the I, C, R1, and R4 Districts;
not less than 20 feet in the R2 and R3 District; and not less than
10 feet in the CBD District;
(4)
The front yard conforms to the minimum distance required for the
applicable district; and
(5)
Provided that the site and its intended use complies with all other
applicable provisions of this chapter.
D.
Certification. A certificate of nonconformance shall be issued by
the Zoning Officer for all nonconforming lots, upon written request
of the property owner or occupant. Sufficient evidence shall be provided
by the applicant at the time of such request which documents the existence
of the nonconformity at the time of enactment of this chapter. Any
applicant aggrieved of the process for obtaining said certificate
or of any decision rendered therefrom, may file an appeal with the
Borough Zoning Hearing Board.
