The purpose of this article is to regulate nonconforming uses,
nonconforming buildings and structures, nonconforming lots and nonconforming
signs. The zoning districts established by this chapter are designed
to guide the future use of the Borough's land by encouraging the development
of desirable residential, commercial and other uses with appropriate
groupings of compatible and related uses that promote and protect
the public health, safety and general welfare. The regulations of
this article are intended to restrict further investments that would
make nonconformities more permanent in their location in inappropriate
districts as well as to afford opportunities for creative use and
reuse of those other nonconformities that contribute to a neighborhood.
A.
Continuation of nonconforming use. Any lawfully existing nonconforming
use may be continued so long as it remains otherwise lawful, subject
to the regulations contained in this section. Ordinary repair and
maintenance or replacement, and installation or relocation of nonbearing
walls, nonbearing partitions, fixtures, wiring or plumbing, may be
performed.
B.
Change of nonconforming use to conforming.
(1)
Whenever any nonconforming use shall have been changed or altered
so as to conform to the provisions of this chapter or its amendments,
then such nonconforming use shall no longer be nonconforming to the
extent to which it then conforms to this chapter or its amendments.
(2)
The prior nonconforming use shall not be resumed; provided, however,
that if a later amendment to this chapter should make the use as so
changed or altered nonconforming with its provisions then such use
as changed or altered shall become a new nonconforming use to the
extent of such nonconformance or noncompliance.
C.
Expansion or extension of nonconforming use.
(1)
No nonconforming use may be extended or expanded in any building
or structure, or in or on the lot on which it is located, nor may
any nonconforming use be moved to a different position upon the lot
on which it is located, so as to alter the use or its location which
existed at the time that the use became nonconforming.
(2)
No such nonconforming use shall be enlarged or increased or extended to occupy a greater lot area than was occupied at the effective date of adoption or amendment of this chapter, unless the Zoning Hearing Board shall interpret that the enlargement or extension is necessary by the natural expansion and growth of trade of the nonconforming use. For the purposes of determining if an enlargement or expansion of nonconforming use meets this requirement the applicant shall file an application for special exception pursuant to the requirements of Article IV of this chapter. The applicant must meet all the applicable requirements and criteria of Article IV in addition to providing evidence that the enlargement or extension is necessitated by the natural expansion and growth of trade of the nonconforming use.
(3)
Whenever a use district shall be hereafter changed by a duly adopted
amendment to this chapter, then any existing legal, nonconforming
use of such changed district may be continued, and such use may be
extended throughout the structure.
D.
Abandonment or discontinuance of nonconforming uses.
(1)
The lawful use of the land existing at the time this chapter or any
of its amendments was adopted, although such use does not conform
to the provisions hereof, may be continued, but if such nonconforming
use is abandoned for a period of one year, any future use of said
land shall conform to the provisions of this chapter.
(2)
Any subsequent use shall conform to the applicable provisions of
this chapter or its amendments and the prior nonconforming use shall
not be resumed, unless in accordance with the applicable provisions
of this chapter or its amendments.
E.
Nonconforming accessory uses and structures. No use, structure or
sign that is accessory to a principal nonconforming use shall continue
after such principal use or structure has been abandoned or removed,
unless it shall thereafter conform to all the regulations of the zoning
district in which it is located.
A.
Continuation of nonconforming buildings or structures. Any nonconforming
building or structure which is devoted to a use which is permitted
in the zoning district in which it is located may be continued so
long as it remains otherwise lawful, subject to the restrictions in
this section.
B.
Structural alteration of nonconforming buildings or structures. A
lawful nonconforming use of a building or structure existing at the
time of the adoption of this chapter or an amendment hereto may be
structurally altered. Such alteration shall not expand its nonconformity
in areas not previously occupied by the nonconforming use unless meeting
the requirements of expansion and extension of nonconforming uses
as required in this chapter. No parking, yard, space or bulk nonconformity
may be created or increased.
C.
Changes to nonconforming buildings or structures to conforming.
(1)
Whenever any nonconforming building or structure shall have been
changed or altered to conform to the provisions of this chapter or
its amendments in effect at the time of such change or alteration,
or whenever any amendment to this chapter shall make such building
or structure conforming with the provisions of this chapter or its
amendments, then such building or structure shall remain in conformance
with the applicable provisions of this chapter or its amendments.
(2)
If a later amendment to this chapter should make the building or
structure as changed or altered nonconforming with its provisions,
then the building or structure as changed or altered will become a
nonconforming building or structure to the extent of such nonconformance
or noncompliance.
D.
Damage or destruction of nonconforming buildings or structures.
(1)
When a building or structure is damaged or destroyed by any means
not within the control of the owner, to the extent 50% or more of
the cost of replacement of the structure, the structure shall not
be restored unless it thereafter conforms to the regulations of the
zoning district in which it is located. No parking, yard, space or
bulk nonconformity may be created or increased.
(2)
When a structure is damaged or destroyed by any means not within
the control of the owner thereof to the extent of 49% or less of the
cost of replacement of the structure new, repair or restoration of
such structure may be made; provided, however, that no parking, yard,
space or bulk nonconformity is created or increased.
(3)
In no event shall any damage or destruction to such a structure by
any means within the control of the owner be repaired or restored,
except in accordance with this section.
E.
Expansion or extension of nonconforming buildings or structures.
(1)
No nonconforming building or structure may be extended on the lot
on which it is located, nor may any nonconforming building or structure
be moved to a different position upon the lot on which it is located,
except to a position in conformity with the current codes.
(2)
Whenever a use district shall be hereafter changed by a duly adopted
amendment to this chapter, then any existing legal, nonconforming
structure of such changed district may be continued, and such use
may be extended throughout the structure.
(3)
Structures that are nonconforming on the effective date of this chapter
that already encroach on a required setback can extend that encroachment
and not be considered an expansion of the nonconforming structure
subject to the following:
(a)
The structure is only extended on a parallel plane of the existing
nonconforming encroachment and does not extend any closer to a property
line.
(b)
The extension is no more than 25% of the length of the side
of the existing nonconforming structure on the side of the encroachment.
(c)
A determination is made by the Zoning Officer that there is
no impact to immediately adjacent property. If any uncertainty exists
regarding impacts to immediately adjacent properties, the Zoning Officer
may refer the request to the Zoning Hearing Board for an interpretation.
F.
Repairs, renovation and modernization of nonconforming buildings
or structures.
(1)
Repairs, renovations and modernization of nonconforming buildings
or structures, such as renewal or replacement of outer surfaces, windows,
addition of soundproofing materials, air conditioning and repair or
replacement of structural parts or members of the building or structure
shall be permitted notwithstanding other provisions of this chapter.
(2)
Such repairs, renovations, or modernizations are allowed provided
they do not change or alter substantially the physical configuration
of the nonconforming building or structure or change its position
on the ground.
(3)
No increase in the size of or area covered by the nonconforming use
or area of the use within the building or structure is allowed except
as provided for in this chapter.
(a)
The areas of nonconforming use within a building or structure
may be rearranged in connection with such repairs, renovation, or
modernization, provided that no enlargement or expansion of the nonconforming
use occurs.
A.
In any district in which single-family dwellings are a use by right,
notwithstanding the regulations imposed by any other provisions of
this chapter, a single-family detached dwelling which complies with
the yard, space and bulk requirements of the district in which it
is located may be erected on a nonconforming lot adjacent to an improved
street. Nothing in the requirements of this chapter relating to lot
area per dwelling unit shall be held to prohibit the erection of a
single-dwelling unit upon a lot having less than the required street
frontage or the area of which is less than that prescribed as the
lot area per dwelling unit, provided that such lot, at the time of
the passage of this chapter, was held under separate ownership from
any adjoining lots or provided that, at the time of the passage of
this chapter, a recorded plan of lots or subdivision of property shows
such lot to be a separate and distinct numbered lot.
B.
In any district in which single-family dwellings are not permitted,
a nonconforming lot of record may be used for any use by right in
the district in which it is located if land development approval is
granted in accordance with the provisions of this chapter.
Continuation of nonconforming signs. Subject to the limitations
and termination provisions hereinafter set forth, any lawfully existing
nonconforming sign may be continued so long as it otherwise remains
lawful after the effective date of this chapter:
A.
Alteration or moving. A nonconforming sign of any type may not be
moved to another position or location upon the building, structure
or lot on which it is located, nor may the size or area of such nonconforming
sign be changed or its structure or construction changed unless such
changes are to change the face of the sign.
B.
Damage, destruction or replacement. Whenever any nonconforming sign
has been damaged or destroyed by any means to the extent of 50% of
its market value at the time of destruction or damage, such sign shall
not be restored or replaced, unless it conforms to all provisions
of this chapter. Damage only to the face of a sign shall not be construed
to constitute 50% of its market value, and the sign face may be replaced.
C.
Abandonment. If use of a nonconforming sign is abandoned or interrupted
for a continuous period of more than 180 days, then such nonconforming
sign together with its panel cabinet, supports, braces, anchors, and
electrical equipment shall be removed within 14 days from the end
of the aforesaid period and the use of such sign shall not be resumed
except in accordance with the provisions of this chapter.
D.
Health, safety, welfare. If any sign or supporting structure subject
to the regulation of the provisions of this chapter constitutes a
threat to health, safety or welfare of the area surrounding said sign
or has been constructed, installed or maintained in violation of any
provision of this chapter, the Borough Zoning Officer shall give written
notice to the person or entity who owns or is maintaining such sign.
If the owner or entity maintaining such sign fails to modify the sign
so as to comply with the provisions of this article within 20 days
after the date of said written notice from the Zoning Officer, then
the Zoning Officer and other Borough officials shall take steps as
necessary to promptly have said sign brought into compliance with
this chapter up to and including removal of the sign to comply with
this chapter.
In the course of administering and enforcing this chapter and
reviewing applications for zoning certificates, temporary use permits,
sign permits or variances, the Zoning Officer may register nonconforming
uses, nonconforming structures and nonconforming lots as they become
known through the application and enforcement process. Registration
and proof of nonconforming uses, structures and lots shall be the
burden of the property owner.
