All lawful uses of land or of a building, sign, or other structure
existing on the effective date of this chapter may be continued, altered,
restored, reconstructed, changed, sold, or maintained even though
such use may not conform to the use, height, area, yard, and other
regulations of the district in which it is located, provided such
nonconforming conditions shall comply with the following:
[Ord. 88-7, 5/12/1988]
The Zoning Officer shall identify and register all of the premises
occupied by a lawful nonconforming use or building existing at the
effective date of this chapter and issue a Certificate of Nonconformance
which shall be for the purpose of insuring to the owner the right
to continue a nonconforming building or use.
[Ord. 88-7, 5/12/1988]
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use; providing
such alterations and repairs are in conformance with the regulations
set forth in this chapter and other applicable codes and ordinances
adopted by the Borough.
[Ord. 88-7, 5/12/1988]
1. The types of extensions and enlargements listed below are permitted
for nonconforming uses and buildings existing on the effective date
of this chapter:
A. The extension of a nonconforming use of land upon a lot occupied
by such use.
B. The extension or enlargement of a conforming building occupied by
a nonconforming use.
C. The extension or enlargement of a nonconforming building occupied
by a nonconforming use.
D. The extension or enlargement of a nonconforming building occupied
by a conforming use.
2. The foregoing extensions or enlargements of such nonconforming buildings
or uses shall be subject to the following conditions:
A. The extension or enlargement shall conform to the height, area, yard,
and coverage regulations of the district in which it is located. Where
a structure is nonconforming as to a required side yard or rear yard
setback, the established nonconforming setback may be continued, so
long as the proposed extension or enlargement does not project further
into any yard, whether front, side or rear yard, than the original
building line extended. Extension or enlargement shall not exceed
33Â 1/3% of the existing floor area or use.
B. The entire building or use shall be provided with off-street parking
and loading spaces as required by Part 17, herein.
C. The extension or enlargement does not replace a conforming use.
D. The extension or enlargement of a building used for a non-conforming
use shall not be permitted to extend into vacant parcels of land adjacent
to the initial parcel of land existing and occupied on the effective
date of this chapter, where such vacant parcels have been recorded
separately or acquired following the effective date of this chapter.
E. Any lawful nonconforming use of a building or land may be changed
to another nonconforming use of substantially the same character upon
approval by special exception by the Zoning Hearing Board. The applicant
shall satisfactorily prove to the Zoning Hearing Board that the proposed
change in nonconforming use will not increase the need for off-street
parking, produce any noise, glare, heat, dust, traffic vibration,
or illumination in excess of the existing nonconforming use.
3. In addition to the above general conditions, extensions or enlargements
of nonconforming uses or buildings used for the storage of flammable
and combustible liquids; the handling, processing and storage of hazardous
substances; and the temporary and permanent storage of hazardous wastes
shall be subject to the following special conditions:
A. The existing nonconforming use shall not be changed to a different nonconforming use, unless the proposed use is one not defined in Part
14, §Â
27-1401, Subsection 1A(18).
B. No such nonconforming use or structure shall be altered or extended
except if such complies with the following criteria and standards.
(1)Â
To provide for a natural expansion which is not detrimental
to the public health, safety, and general welfare, provided such expansion
does not exceed 10% of the existing floor area of all structures or
10% of lot area.
(2)Â
Provided such does not constitute the addition of a new nonconforming
use or structure;
(3)Â
Provided such does not decrease yards below the minimum building
setback requirements; and
(4)Â
Provided that the alteration or extension meet the district
or use regulations for such use or structure as if same were being
altered or extended in the district where such use is permitted.
[Ord. 88-7, 5/12/1988; as amended by Ord. 2013-2, 4/18/2013,
§ 1]
A nonconforming building or use which is damaged by fire, explosion,
windstorm or other natural or criminal acts, may be reconstructed
and used for the same purposes, provided that:
1. The reconstruction and/or restoration of the building is commenced
within one year from the date of occurrence of the damage and is carried
to completion without undue delay.
2. The reconstructed building or occupied area does not exceed the height,
area, and volume of the original structure and occupied use.
[Ord. 88-7, 5/12/1988]
If a nonconforming use or building ceases operations for a continuous
period of more than 18 months, then such use and any subsequent use
or building shall conform to the regulations of this chapter.
[Ord. 88-7, 5/12/1988]
Signs in existence at the effective date of this chapter or amendments thereto, may be continued subject to the regulations contained in §Â
27-1605 above and in Part
18, herein.