[Ord. 1159, 9/11/2014]
1.
Within the zoning districts established by this chapter or subsequent
amendments hereto, there exist or will exist certain nonconformities
which, if lawful before this chapter was passed or amended, may be
continued, subject to certain limitations.
2.
Nothing in this chapter shall be deemed to require a change in the
plans for any building, structure, or land use for which a permit
was issued prior to the effective date of this chapter or subsequent
amendment thereto, provided the authorized activity is begun, in the
opinion of the issuing officer, within six months of the issuance
of the permit.
[Ord. 1159, 9/11/2014]
1.
Any lot shown on a recorded subdivision plan on the effective date
of this chapter or after the enactment of subsequent amendments hereto
which does not meet the minimum size or width requirements of the
zoning district in which it is located may be used for a use permitted
by use regulations of that district, provided that all yard, height,
coverage, and open space requirements of the zoning district shall
be met, further subject to the following subsection; provided, however,
that when a subdivider has had an application for approval of a preliminary
or final subdivision plan approved prior to the effective date of
this chapter, no provision in this chapter shall be applied to affect
adversely the right of the subdivider to commence and complete any
aspect of the approved preliminary or final plan in accordance with
the terms of such approval within the time limits established in the
Pennsylvania Municipalities Planning Code, as amended.
2.
Any lot held in single and separate ownership on the effective date
of this chapter or after the enactment of subsequent amendments thereto
which does not meet the minimum size or width requirements of the
zoning district in which it is located may be used for any use permitted
in that district, provided that all yard, height, coverage, and open
space requirements of the district are met; provided, however, that
if two or more lots, combination of lots, or portions of lots with
continuous frontage in single ownership are of record at the time
of passage or amendment of this chapter, and if all or part of the
lots do not meet the requirements established for lot width and/or
area, the land involved shall be considered to be an undivided parcel
for the purpose of this chapter, and no portion of said parcel shall
be used or sold in a manner which diminishes compliance with lot width
and/or area requirements established by this chapter, nor shall any
division of any parcel be made which creates a lot width or area below
the requirements stated in this chapter.
[Ord. 1159, 9/11/2014]
If a nonconforming use of a building is abandoned for a continuous
period of one year or more, or if a nonconforming use of land is abandoned
for any length of time, subsequent use of such building or land shall
be in conformity with the provisions of this chapter.
[Ord. 1159, 9/11/2014]
A nonconforming use may be changed to a conforming use by right. A nonconforming use, if changed to a conforming use, shall not be changed back to a nonconforming use. A nonconforming use shall not be changed to any other nonconforming use unless the Zoning Hearing Board shall grant a special exception. The proposed use shall be demonstrated by the applicant to be not more detrimental to the district with respect to traffic generation and congestion, as well as compliance with § 27-620, than the existing nonconforming use of the property. The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with the granting of a special exception.
[Ord. 1159, 9/11/2014]
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.
Any additional or expanded structures, uses, or buildings erected
or established in connection with an existing nonconforming use shall
meet all the area, yard, and height regulations of the applicable
zoning district.
3.
A nonconforming use shall not be expanded unless such expansion has
been approved by the Zoning Officer. No more than one expansion shall
be permitted, except by special exception granted by the Zoning Hearing
Board.
4.
A nonconforming building or structure shall not be enlarged, increased,
repaired, maintained, or modified in any manner which will further
violate any 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 requirements may have repairs, improvements,
maintenance, modifications, and additions made to those portions of
the building located within the required yard, provided that no repair,
improvement, maintenance, modification, 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.
5.
A nonconforming use may be expanded within a building containing
that nonconforming use at the effective date of this chapter, provided
that the nonconforming use shall not occupy a portion of the building
containing a conforming use at the effective date of this chapter.
A nonconforming use may also be expanded into a new building or extension
of an existing building containing the use.
6.
Total future expansion of a nonconforming use shall not exceed 25%
of the area occupied by the use at the time it first became a nonconforming
use.
7.
Nonconforming signs shall not be expanded.
[Ord. 1159, 9/11/2014]
1.
Any nonconforming building or structure or a building or structure
containing a nonconforming use of which the basic structural elements
are totally destroyed by any means may be rebuilt and used for the
same nonconforming use. Any subsequent building or structure shall
comply with all requirements of this chapter. New construction shall
begin within 12 months of the date of destruction and be carried to
completion without any interruption which is within the control of
the owner.
2.
A nonconforming building or structure or a building or structure
containing a nonconforming use of which the basic structure elements
are partially destroyed, or which is partially destroyed but which
has all basic structural elements remaining, may be reconstructed.
The reconstructed portions of a building or structure shall not be
more nonconforming in any respect that the portions of the building
or structure which were destroyed. Reconstruction shall begin within
12 months of the date of destruction and be carried to completion
without any interruption which is within the control of the owner.
3.
Any nonconforming building or structure or building or structure
containing a nonconforming use which is destroyed to any extent shall
be inspected by the Borough Building Inspector. Any building or structure
which shall be deemed unsafe by the Building Inspector shall be taken
down and removed or made safe and secure as the Building Inspector
may deem necessary in the public interest.
