Lawful uses of land, which at the effective date of this chapter
or subsequent amendment thereto become nonconforming, such nonconforming
use or uses may be continued by the present or any subsequent owner
so long as it remains otherwise lawful, subject to the provision listed
with the following subsections:
A. Extension. A nonconforming land use shall not be enlarged, increased
and/or extended in order to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of this chapter.
B. Discontinuance. Whenever a nonconforming use has been discontinued
for a period of 12 consecutive months, such use shall not thereafter
be reestablished, except if the owner of such property files, within
30 days of date of discontinuance, a certificate of intention to maintain
such use. If such certificate is filed, the time period which a nonconforming
use may be discontinued and still be reestablished shall be extended
by a twelve-month period.
C. Changes or moving 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 be changed to a conforming use or to a nonconforming
use of a less offensive nature. A nonconforming use shall not be moved
in whole or in part to any portion of the lot or parcel other than
that occupied by such at the effective date of adoption or amendment
of this chapter.
D. Additional structures. No additional structures not conforming to
the requirements of this chapter shall be erected in connection with
such nonconforming use of land.
Lawful nonconforming structures or buildings which at the effective
date of this chapter or subsequent amendment thereto become nonconforming
by reason of restrictions on area, lot coverage, height, yards, its
location on the lot or other requirements concerning the building
or structures, may be continued as long as they remain otherwise lawful,
subject to the provisions listed in the following subsections:
A. Enlargement.
(1) A nonconforming use, building or structure shall not be enlarged
or increased upon land not owned, leased or under option to purchase
at the time of the enactment of this chapter.
(2) A nonconforming building or structure shall not be enlarged, increased,
repaired, maintained or modified in any manner which will further
violate any applicable area, yard, and height regulation imposed by
this chapter, except that a principal building which existed at the
effective date of this chapter which is nonconforming as to a yard
requirement may have repairs, improvements, modifications and/or additions
made to those portions of the building located within the required
yard; provided, that no repair, improvement, modification and/or addition
shall be made which will cause any part of the building to project
into the yard farther than the building did at the effective date
of this chapter.
(3) Total future expansion of a nonconforming use shall not exceed 50%
of the area occupied by the use at the time of the effective date
of this chapter.
B. Damage or destruction. A nonconforming building or structure which
has been damaged by fire, explosion, accident and/or calamity may
be reconstructed and used for the same nonconforming use; provided,
that the reconstructed building or structure does not exceed the area,
volume and height of the destroyed buildings or structure. In addition,
building reconstruction shall be started within one year from the
date the building or structure was destroyed and shall be carried
through without interruption.
C. Moving of structure. No nonconforming structure or building shall
be, for any reason, moved for any distance unless it shall thereafter
conform to the regulations for the district in which it is located
after it is moved.
Lawful nonconforming structures or buildings, or structures
or buildings and land in combination, which exist at the effective
date of this chapter or subsequent amendments thereto, that would
not be allowed under the terms of this chapter, may be continued so
long as it remains otherwise lawful, subject to the provisions listed
under the following subsections:
A. Enlargement.
(1) An existing structure devoted to a use not permitted by this chapter
in the district where it is located may be enlarged, extended, constructed,
reconstructed or structurally altered up to, but not more than, 25%
of its floor and/or use area as it existed at the time of the passage
of this chapter or subsequent amendment; provided, that the lot or
lost upon which the nonconforming structure is situated where in single
ownership or long-term lease and purchased or leased prior to the
enactment or amending of this chapter.
(2) Any enlargement, extension, construction, reconstruction or structural
alteration must conform to all other regulations of the district in
which it is located. This provision may be used only once for each
nonconforming structure.
(3) Any nonconforming use may be extended throughout the building which
was in use for the nonconforming use at the time of adoption of this
chapter, but no such use shall be extended to occupy any land outside
such building unless provided for under this section.
B. Change of use. A nonconforming use of a structure, or premises and
structure, may be changed to another nonconforming use; provided,
that the proposed use is equally appropriate or more appropriate to
the district than the existing nonconforming use. Such determination
shall be made by a special exception granted from the Zoning Hearing
Board, which shall take into consideration, among other things, the
intent of the provisions for the district.
C. Discontinuance. Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use,
shall thereafter comply with the regulations for the district and
the nonconforming use may not thereafter be resumed. When a nonconforming
use of a structure, or structure and premises in combination, is discontinued
or abandoned for 12 consecutive months, the structure or structure
and premises in combination, shall not thereafter be used, except
in conformity with the regulations of the district in which it is
located.
D. Destruction. Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the structure
shall eliminate the nonconforming status of the land and use. "Destruction,"
for the purpose of this subsection, is defined as damage to an extent
of more than 75% of the market value at the time of destruction.
If a nonconforming structure or building or portions thereof
containing a nonconforming use becomes physically unsafe due to lack
of repairs and maintenance and is declared by an duly authorized official
appointed by the Board of Borough Council to be unsafe by reason of
physical condition, it 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 zoning
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
zoning district, but shall, without further action, be considered
a conforming use.
To facilitate the administration of this chapter, the property
owner shall inform the Borough Zoning Officer, or the person or firm
designated by Borough Council, as to the status of nonconforming uses,
structures and buildings. The burden of proof that the use, lot, structure
or building is a nonconformity shall be the responsibility of the
property owner. All known nonconformities shall be a matter of public
record and shall constitute sufficient notice and the limitations
therein expressed and implied to any transferee acquiring any right
to use or own such property.