All lawful or previously nonconforming 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 that such nonconforming conditions shall comply
with the following.
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 ensuring the owner's right to continue
a nonconforming building or use for a period of one year from the
date of abandonment.
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use, provided that
such alterations and repairs are in conformance with the regulations
as set forth in this chapter and other applicable codes and ordinances
adopted by the Borough.
A.
The types of extensions and enlargements listed below are permitted
for nonconforming uses and buildings existing on the effective date
of this chapter:
(1)
The extension of a nonconforming use of land upon a lot occupied
by such use.
(2)
The extension or enlargement of a conforming building occupied by
a nonconforming use.
(3)
The extension or enlargement of a nonconforming building occupied
by a nonconforming use.
(4)
The extension or enlargement of a nonconforming building occupied
by a conforming use.
B.
The foregoing extensions or enlargements of such nonconforming buildings
or uses shall be subject to the following conditions:
(1)
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 of the nonconforming
use and/or building shall not exceed 25% of the existing floor area
of the building that is engaged in the nonconforming use.
(2)
The entire building or use shall be provided with off-street parking and loading spaces as required by Article XII herein.
(3)
The extension or enlargement does not replace a conforming use.
(4)
The extension or enlargement of a building used for a nonconforming
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.
(5)
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 or produce any noise, glare, heat, dust, traffic, vibration
or illumination in excess of the existing nonconforming use.
(6)
All nonconforming changes, including changes of use, extensions or
enlargements shall be reviewed by the Borough Planning Commission.
Said Planning Commission shall make recommendations to the Zoning
Hearing Board on the application for the change, extension or enlargement
of the nonconforming use.
(7)
All nonconforming changes, including changes of use, extensions or
enlargements shall be reviewed and approved by the Borough Zoning
Hearing Board.
A.
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.
B.
In the event that any nonconforming building and/or use, as defined in Article II, is destroyed or partially destroyed and the owner of such has determined reconstruction/restoration not feasible, the owner will be responsible for the complete removal of the structure and debris as well as the filling of any excavated areas.
If a nonconforming use or building ceases operations for a continuous
period of more than 12 months, then such use and any subsequent use
or building shall conform to the regulations of this chapter. The
property owner may request an extension of 12 additional months form
the Code Enforcement Officer.
Any lot held in single and separate ownership at the effective
date of this chapter which does not conform to one or more of the
applicable area regulations in the district in which it is located
shall be considered nonconforming. A building may be erected upon
any vacant nonconforming lot, provided that a special exception is
authorized by the Zoning Hearing Board, and further provided that
the applicant does not own or control other adjoining property sufficient
to comply with the provisions of this chapter. Such development shall
comply with the following provisions:
A.
The proposed use is permitted within the district in which it is
located.
B.
The proposed building shall comply with all applicable district regulations
as well as area and yard requirements as set forth in the zoning district
where the property is located. Any previously approved subdivision
that has not been developed which contains nonconforming lots shall
apply for a special exception as set forth above.
