The provisions of this article apply to buildings, structures,
signs, lands and uses which would not be permitted as the result of
the application of this chapter to their location or use in the Borough,
or as a result of the reclassification of the lot containing them,
or of the adoption of other amendments to this chapter after the initial
passage. This article is concerned with properties of inadequate area
and/or frontage, uses of land and/or structures for activities not
permitted in the zone and structures placed on a lot too close to
lot boundary lines for compliance with standards of the zone in which
they are located.
A.
Existing lots of record. Any lot of record existing at the effective
date of this chapter and held in separate ownership different from
the ownership of adjoining lots may be used for the erection of a
structure conforming to the use regulations of the zone in which it
is located, even though its dimensions are less than the minimum requirements
of this chapter. Where two or more adjacent lots of record with less
than the required area and width are held by one owner on or before
the date of enactment of this chapter, the request for a permit will
be referred to the Zoning Hearing Board which may require replatting
to fewer lots which would comply with the minimum requirements of
this chapter.
B.
No provision of this chapter relating to side and rear yard requirements
will prevent the reasonable use of a nonconforming lot of record.
The Zoning Officer may grant a reduction in the requirement for side
yards and rear yards for lots of record which lack required lot width
or depth. However, such yard dimensions may not be reduced by more
than 40% of that required without the approval of the Zoning Hearing
Board.
A.
Where at the effective date of adoption or amendment of this chapter,
lawful use of land, or land and the structure or structures on it,
exists and is made no longer permissible under the requirements of
this chapter, as adopted or amended, such use may be continued indefinitely,
so long as it remains otherwise lawful, provided the following conditions
are applied:
(1)
No nonconforming use of land can be extended by acquisition of additional
land to occupy a greater land area than was occupied at the effective
date of adoption or amendment of this chapter.
(2)
No structure containing a nonconforming use but capable of being
enlarged without violating setback or height requirements in the zone
where it is located may be increased in volume more than 50% over
the volume of such structure at the time of adoption of this chapter
or subsequent amendments that made the use nonconforming. A nonconforming
use which occupies part of a structure may be extended throughout
the structure it occupied at the time of adoption of this chapter
or subsequent amendment that made the use nonconforming, but the expansion
under such circumstances may not be extended to occupy land outside
the original structure.
B.
If any such nonconforming use of land or use of land and structures
in combination ceases or is abandoned for any reason including destruction
of buildings, for a period of at least one year, any subsequent use
of such land, or land and structures in combination, must conform
to the regulations for the zone where such land is located, except
that where a hardship to the operator of the nonconforming use clearly
exists as a result of financial, health or other calamity, the Zoning
Hearing Board may grant an extension of the one year limit consistent
with the hardship, but not more than one additional year.
C.
The nonconforming use of a structure or a lot may be changed only
to a conforming use unless:
(1)
The applicant demonstrates a hardship in converting the use to a
conforming use; or
(2)
The new use will be in keeping with the character of the neighborhood
in which it is located and will have an equal or lesser impact on
the neighborhood than the existing nonconforming use. However, this
requirement does not preclude an owner from selling a nonconforming
use to a succeeding owner to operate as it was operated prior to the
sale. Each succeeding owner of a nonconforming use must secure a zoning
certificate of compliance from the Zoning Officer who may ask the
Zoning Hearing Board for a decision if he has reason to doubt that
the nonconforming use will be continued in the same manner as formerly.
D.
The nonconforming use of a structure and/or land, or combination
of structure and land may be superseded by a use permitted in the
zone where the lot is located and the use of the premises must conform
to the regulations of the zone.
E.
Where a nonconforming use of structure and premises exists in combination,
removal of the structure and/or use in the structure terminates the
nonconforming use of the premises.
F.
The maintaining or strengthening to a safe condition of any nonconforming
structure may not be interpreted as being denied by any portion of
this article.
A.
A structure that exists on a lot at the effective date of this chapter
or any amendment to it and does not conform to the requirements regarding
height or minimum setbacks from adjacent streets or lot lines, such
structure may remain indefinitely subject to the following provisions.
B.
Any replacement of a nonconforming structure must be made in compliance
with the regulations governing development for the zone in which the
lot is located, except that if a hardship is alleged by the owner,
he may request a special exception of the Zoning Hearing Board which
may approve replacement on the same foundation that supported the
structure to be replaced, but in no case a location that was less
conforming than the original location.
C.
If a nonconforming structure is moved, it must conform to requirements
of this chapter regarding location on the lot.
