All buildings, structures, uses of land, uses of buildings,
lots and signs which do not conform to all of the applicable requirements
of this chapter shall be considered as nonconforming, provided that:
Nonconforming status shall be classified as follows:
A.
Nonconforming use. The existing lawful use of land and/or buildings
and/or structures upon the land which does not conform to any of the
permitted uses of the district in which it is located.
B.
Nonconforming building or structure. Any existing lawful building
or structure that does not conform to the height, location, size,
bulk or other dimensional requirements of the district in which it
is located. This does not include signs.
C.
Nonconforming lot. Any existing lot which does not conform to the
area and/or width requirement for lots in the district in which it
is located.
D.
Nonconforming sign. Any sign, signboard, billboard or advertising
device existing at the time of the passing of this chapter that does
not conform in use, location, height or size with the regulations
of this chapter shall be considered a nonconforming sign.
E.
Temporary nonconforming use. A temporary nonconforming use, which
will benefit the public health, safety or welfare or promote proper
development of a district in conformity with the intent of this chapter,
may be permitted for a period of not more than 30 days on the approval
of an application for a special exception by the Zoning Hearing Board,
but any such use to be permitted for a longer period shall require
a public hearing thereon, after which a Zoning Hearing Board approval
may be granted for a period not to exceed one year. A building permit
and/or use and occupancy permit shall be required for any structure
associated with such a temporary use, in accordance with the standards
and regulations for permanent structures and uses.
The following regulations shall govern all properties to which
nonconforming status is applied:
A.
Nonconforming status shall be permitted to continue and a property
may continue to be used as nonconforming until it complies with the
requirements of this chapter.
B.
Change of use.
(1)
A nonconforming use may be changed only to a conforming use.
(2)
If a nonconforming use is changed to a conforming use, then
the previous nonconforming status shall become null and void.
(3)
The conversion of one nonconforming use to another nonconforming
use on a lot or in a building that is nonconforming shall be permitted
by special exception from the Zoning Hearing Board, in accordance
with the provisions of this chapter. Where a special exception approval
is required, the Zoning Hearing Board shall determine whether the
applicant has provided sufficient proof to show that the proposed
new use will be equal or less objectionable in external effects than
the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck traffic).
(b)
Noise, dust, fumes, vapors, gases, odors, glare, vibration,
fire, hazardous substances and explosive hazards.
(c)
Amount and character of outdoor storage.
(d)
Late night and early morning hours of operation if the new use
would be close to dwellings.
(e)
Compatibility with the character of surrounding uses.
C.
Abandonment and discontinuance.
(1)
A nonconforming use shall be presumed abandoned when operations
associated with the nonconforming use have ceased by an apparent act
or failure to act on the part of the tenant or owner to reinstate
such use within one year from the date the activity stopped and the
use is not actively advertised for sale or lease. Such nonconforming
use shall not thereafter be reinstated except in conformance with
this chapter. A nonconforming building or land, which is actively
marketed, but has not been sold or leased, shall not be considered
abandoned. The applicant shall be responsible to provide evidence
that the nonconformity was not abandoned.
(2)
Except for in a mobile home park, the removal of a nonconforming
mobile home from the site it occupied (and if such site is not leased,
actively marketed, or purchased within one year or less) shall constitute
abandonment of the site, and any occupation or subsequent use of said
site shall conform with the provisions of this chapter.
(3)
The removal of a mobile home from a residential lot already
occupied by a residential building shall constitute abandonment of
the nonconforming use and such use shall not thereafter be permitted.
(Exception: mobile homes utilized for temporary housing for farm employees.)
(4)
Mobile home parks, trailer camps or trailer parks, which are
nonconforming under the terms of this chapter, shall be operated in
accordance with Public Health Regulations, Commonwealth of Pennsylvania,
Department of Environmental Protection, under the provisions of Act
175 of April 9, 1929, P.L. 177,[1] as amended, and all other applicable laws.
[1]
Editor's Note: The "Administrative Code of 1929," see 71 P.S.
§ 51 et seq.
D.
Whenever a district classification shall be thereafter changed, any
existing use in such changed district may be continued, provided that
no structural alterations are made other than those permitted by this
chapter.
E.
Extension of expansion. A nonconforming use, building or structure,
not including signs, may be extended or expanded in compliance with
the following:
(1)
The parcel on which extension or expansion occurs shall include
only that lot, held in single and separate ownership, on which the
use, building or structure existed at the time it became nonconforming.
Expansion or extension onto adjoining lots is prohibited.
(2)
Nonconforming use of a building may be extended throughout the
building.
(3)
A nonconforming use may be extended to a new building on the same lot, in compliance with Subsection E(5) below, and provided that the nonconforming use continues in the existing building.
(4)
A building which houses a nonconforming use may be expanded
by no more than 25% of its gross floor area at the time it became
nonconforming.
(5)
Extension and/or expansion as provided for above shall be permitted
only to extent that all new construction shall comply with the dimensional
standards of the district in which the building is located, except
that expansion of a building that is nonconforming with respect to
a required setback may be built on line with the existing nonconforming
building line. A violation of any dimensional standard not previously
violated shall not be permitted, unless a variance is granted by the
Zoning Hearing Board.
A.
Buildings that are under construction at the time they become nonconforming
may be continued to completion, provided that valid building permits
have been issued for those buildings and substantial construction
has begun. If the building was intended for a use which has become
nonconforming after construction of the building had begun, the building
may be occupied and used for that legal use intended at the time the
building permit was issued, or for one which is otherwise in conformance
with the regulations for the zoning district in which the building
is located.
B.
Nonconforming primary structures damaged or destroyed by fire, explosion,
accident of calamity (as contrasted to deterioration due to time or
neglect) may be reconstructed and used as before, provided that:
(1)
The reconstructed building shall not exceed the dimensions of
the damaged or destroyed building, including height, width, depth,
volume.
(2)
Building reconstruction shall be started within 12 months from
the date the building was damaged or destroyed and shall be carried
out without interruption.
(3)
The building will pose no hazard to safety.
C.
Legally condemned nonconforming buildings shall not be rebuilt or
used except to conformance with this chapter.
A.
A lot of public record, in single and separate ownership at the time
of enactment of this chapter, or amendments thereto, which is not
in conformance with the area or width requirements of the district
in which it is located, shall be deemed nonconforming and shall be
subject to the following regulations:
(1)
Said lot may be used as otherwise permitted in that district
following the granting of a variance by the Zoning Hearing Board for
the particular use.
(2)
Where two or more contiguous undeveloped lots are held in single
ownership within a subdivision which has been duly recorded prior
to the effective date of this chapter, which lots are individually
not of the required minimum area or width for the district in which
they are situated, such lots shall be developed in groups thereof
in order to provide the minimum lot area and frontage required for
each lot.
B.
Exception. A nonconforming lot of record, which is part of a subdivision
plan approved by Borough Council and recorded in the office of Recorder
of Deeds as such and which is in compliance with the zoning regulations
in effect immediately prior to the date of enactment of this chapter
may be developed in accordance with the terms of such approval and
preceding zoning regulations.
A.
A nonconforming sign may continue in its current use and location,
provided it is maintained in safe and good repair.
B.
If and when the sign is replaced, the new sign shall comply with
the requirements of this chapter. Replacement of the sign shall not
include simply revising the text or color of the sign, but shall include
structural replacement and/or relocation of the sign.
A.
In all matters pertaining to nonconforming status, the Zoning Officer
shall make the initial determination. The Zoning Officer may seek
the advice of the Borough Planning Committee, Borough Solicitor and/or
others in making a determination.
B.
If it cannot be determined by means of positive documentation that
a use or structure was in lawful existence at the time an ordinance
or amendment would have rendered it nonconforming, the Zoning Officer
must refuse to confer nonconforming status.
C.
If the applicant disagrees with the Zoning Officer's determination,
the applicant may appeal to the Zoning Hearing Board as provided by
law.
