[Ord. No. 247-2018, 9/17/2018]
The regulations of this Part shall apply to existing lots, structures, uses and signs that do not conform to the regulations of the zoning district in which they are located and were either in existence prior to the effective date of this Chapter, or subsequent amendments, or are rendered nonconforming by the adoption of this Chapter. As such, they shall be known and regarded as nonconforming, and the following regulations, as applicable, shall apply to them. Provided, however, that the burden of proof shall remain upon the landowner to prove that a lot, structure, use or sign is lawfully nonconforming under the procedure in § 27-1103.
[Ord. No. 247-2018, 9/17/2018]
A.
Nonconforming Lots. A lot which contains no structures and which
is held in single and separate ownership on the effective date of
this Chapter, or subsequent amendments, or rendered nonconforming
by this Chapter, which does not meet the minimum lot area requirement
or lot width requirement at the building line of the zoning district
in which it is located, or which is of such unusual dimensions that
the owner cannot reasonably comply with one or more of the other dimensional
requirements of the zoning district in which it is located, may be
used or a structure may be erected thereon for use as limited by the
use regulations of the zoning district in which the lot is located,
subject to the following conditions:
1.
The owner does not own or control contiguous property sufficient
to enable the owner to comply with the minimum lot area, width, building
coverage, yard and height regulations and design standards of the
zoning district in which the property is located. For purposes of
this regulation, a nonconforming lot under common ownership with a
contiguous conforming or nonconforming lot shall be considered one
lot.
2.
The proposed structure or use shall comply with the design standards
and the width, impervious coverage, yard and height regulations, except
minimum lot size and lot width at the building line, of the zoning
district in which the lot is located. Otherwise, the lot shall not
be used or a structure erected unless a variance is granted by the
Zoning Hearing Board.
B.
Nonconforming Structures.
1.
Continuation. Any lawful nonconforming structure existing on the
effective date of this Chapter, or subsequent amendments, or rendered
nonconforming by this Chapter, may continue to exist and be used.
Such structures shall not further deviate from the provisions of this
Chapter, except as explicitly provided herein.
2.
Restoration. Any lawful nonconforming structure which has been involuntarily
damaged by fire, explosion, flood or similar cause or legally condemned
as unsafe, may be restored or reconstructed within the limits of the
existing foundation or footprint as the damaged structure, provided
that:
a.
The restored or reconstructed structure shall not exceed its
original dimensions.
b.
Restoration or reconstruction shall commence within 1 year from
the date of damage, destruction or condemnation, and shall be completed
within one year of the date of the commencement of such work.
c.
The use of the restored or reconstructed nonconforming structure
shall be in accordance with this Part.
d.
These provisions shall not apply to a nonconforming structure
that is at least 50 years old at the time of application.
3.
Alteration and Enlargement.
a.
Any lawful nonconforming structure existing on the effective
date of this Chapter, or subsequent amendments, or rendered nonconforming
by this Chapter, may be altered or enlarged, provided that such alteration
or enlargement conforms to all of the lot area, width, impervious
coverage, yard requirements, height and design standards of the zoning
district in which it is located. If the new addition or enlargement
cannot meet the requirements, it shall not be permitted unless, upon
application, the Zoning Hearing Board grants a variance.
b.
Notwithstanding the provisions in subparagraph (1) above, a
structure fifty (50) years old or older at the time of application
that is nonconforming due to encroachment within the one or more yard
setbacks shall be permitted to be altered or expanded without the
necessity of a variance as follows.
i.
An addition or expansion which is located within the required
front yard, provided that the alteration or expansion is no closer
to the street line than the existing structure, and side and rear
yards are met.
ii.
An addition or expansion which is located within the required
rear yard, provided that the addition or expansion is no closer to
the rear lot line than the existing structure, and the front and side
yards are met.
iii.
An addition or expansion which is located within a required
side yard, provided that the addition or expansion is not closer to
the side lot line than the existing structure, and that the minimum
front yard, rear yard and aggregate side yard are met.
C.
Nonconforming Uses.
1.
Continuation. Any lawful nonconforming use of a structure or of land
legally existing on the effective date of this Chapter, or subsequent
amendments, or rendered nonconforming by this Chapter, may continue
to exist and be used.
2.
Alteration and Expansion. The alteration or expansion of a nonconforming
use of a structure or of land shall be permitted only if a special
exception is granted by the Zoning Hearing Board, and only in strict
conformity with the following regulations:
a.
Such alteration or expansion shall conform to all of the lot
area, width, impervious coverage, height and yard regulations and
design standards of the zoning district in which it is located.
b.
The alteration or extension of the nonconforming use shall be
limited to and permitted on only the same lot that was in existence
when the use first became nonconforming.
c.
The total increase in area of the nonconforming use of a structure
shall not exceed an aggregate total of more than fifty (50) percent
of the total floor area which is devoted to the nonconforming use.
Floor area shall be based upon the total floor area of the structure
at the time the use first became nonconforming. For example, if all
other requirements of this Chapter are met, a nonconforming use may
be expanded once by twenty (20) percent, and a second time by not
more than 30 percent of the total floor area of the structure as it
existed at the time the use first became nonconforming. If prior to
the effective date of this restriction the use has been expanded by
a percentage greater than fifty (50) percent, it shall not be entitled
to any further expansion under this Section.
d.
The total increase in area of the nonconforming use of land
shall be limited to a distance of 250 feet in any direction from the
existing nonconforming use or to an area not to exceed an aggregate
total of more than fifty (50) percent of the total area of the original
lot which is devoted to the nonconforming use, whichever is lesser.
3.
Change in Use. Once changed to a conforming use, whether within a
structure or on land, the conforming use shall not be permitted to
revert to a nonconforming use. A nonconforming use may be changed
to another nonconforming use only when approved by the Zoning Hearing
Board as a special exception and under the following conditions:
a.
The applicant shall prove that the proposed change in use will
have the same or less impact than the existing nonconforming use with
respect to the following factors:
[Ord. No. 247-2018, 9/17/2018]
Landowners may apply to register a nonconforming use or structure
with the Zoning Officer on forms provided by the Borough with sufficient
evidence in the form of building permits, use and occupancy permits,
photographs, zoning orders, assessment records or sworn affidavits
to allow the Zoning Officer to make a determination. The Zoning Officer
may conduct such additional investigation as deemed necessary, and
shall issue a written determination whether the land, building or
structure is a legal nonconforming use within forty-five (45) days
of the application. Appeals of the Zoning Officer's determination
shall be made to the Zoning Hearing Board.
[Ord. No. 247-2018, 9/17/2018]
A.
Whenever a lawful nonconforming use of land or of a structure is
abandoned or discontinued or the use is removed for a period of twelve
(12) consecutive months, or the structure constituting or housing
the nonconformity is razed and not reconstructed within a period of
twelve (12) consecutive months, such abandonment or discontinuance
shall be presumed to constitute an intention to abandon or discontinue
such use, and subsequent use of such land or structure shall conform
to the regulations of the zoning district in which it is located,
unless the Zoning Hearing Board, as a matter of law, determines that
such abandonment has not occurred.
B.
These provisions shall not apply to a nonconforming structure that
is at least fifty (50) years old at the time of application.
[Ord. No. 247-2018, 9/17/2018]
A.
No special exception shall be granted under the provisions of this
Part with respect to any property where the requested special exception
will result in violations of other lot area, width, impervious coverage,
setback, height and yard regulations and design standards of the zoning
district in which the property is located, unless a variance is granted
by the Zoning Hearing Board from the regulation which is otherwise
applicable. The owner of a nonconforming use or other nonconformity
has no inherent right to expand, alter or use any nonconformity in
conflict with the applicable zoning district regulations.
B.
In those zoning districts in which the district regulations establish
different design standards or lot area, width, impervious coverage,
setback, height or yard regulations for uses permitted as of right,
by special exception or by conditional use, no lot shall be construed
to be nonconforming for purposes of the regulations of this Part which
complies with the minimum lot area and other regulations applicable
to uses permitted as of right. The regulations applicable to uses
permitted by special exception or by conditional use shall not render
the lot nonconforming, unless the owner demonstrates that the lot
cannot reasonably be used for any use permitted as of right in such
zoning district, or the Zoning Hearing Board grants a variance from
the applicable regulations.
C.
No provision of this Part which establishes a specific percentage
limitation upon the expansion of a nonconforming use shall be construed
to automatically authorize an expansion to the maximum permitted,
nor shall a variance related to any nonconformity be granted from
the applicable zoning district regulations in excess of the minimum
variance necessary to afford relief. It shall be incumbent upon the
applicant to prove the need for such expansion consistent with established
principles of law.
