All uses, structures, lots and signs that do not conform to
the regulations of the zoning district in which they are located or
other regulation of this chapter, but were in lawful existence prior
to the effective date of this chapter or any amendment thereto, shall
be known and regarded as nonconforming, and the following regulations
shall apply to them.
The lawful application of a use, structure, lot or sign existing
at the time of adoption of this chapter or any amendment thereto,
or authorized by a building permit issued prior thereto, may be continued
in the form evident at the time of adoption of this chapter although
such use does not conform to the provisions of this chapter.
A.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming
use of substantially the same character with a similar or lessor impact
by grant of special exception by the Zoning Hearing Board, after public
hearing, that the proposed new use will be of a similar or lessor
impact to its neighborhood and surroundings than the use it is to
replace. In determining relative impact, the Zoning Hearing Board
shall take into consideration criteria, including but not limited
to the following: off-street parking and traffic generated; nuisance
characteristics (such as emission of noise, dust, glare and smoke);
fire hazards; storage and waste disposal; and hours and manner of
operation.
(2)
Once changed to a use of greater conformity or a conforming
use, no structure or lot shall be permitted to revert to a use of
less conformity or a nonconforming use.
B.
Extension or enlargement. The nonconforming use of a structure or
of a lot shall not be extended or enlarged, so as to use other portions
of the structure or lot unless the Zoning Hearing Board shall, by
special exception as hereinafter provided, authorize the extension
or enlargement of such use of a structure or lot. The Zoning Hearing
Board, upon proper application, may grant such special exception,
provided that:
(1)
It is clear that such extension is not materially detrimental
to the character of the surrounding area or the interest of the Borough.
(2)
The area devoted to the nonconforming use shall not be increased
by more than 50% and shall occur only one time per nonconforming use.
(3)
Any lawful nonconforming use of a lot, exclusive of a structure
and the use contained therein, may be extended upon the lot existing
at the time of adoption of this chapter or any amendment thereto,
provided such extension shall conform to the area and bulk regulations
of the district in which it is situated and to all other regulations
applicable to such a use in the district or districts in which the
use is now permitted. Such extension of a nonconforming use shall
be limited to the lot which was in existence at the time of adoption
of this chapter.
(4)
Any extension of a structure having a nonconforming use shall
conform to the area and bulk regulations of the district in which
it is situated and to all other regulations applicable to such a use
in the zoning district or districts in which the use is now permitted.
C.
Restoration. The use of a structure or lot containing a nonconforming
use destroyed by 75% or less by fire, explosion, windstorm, flood
or natural or criminal acts, or legally condemned due to an involuntary
act, may be reconstructed and used for the same nonconforming use,
provided that reconstruction of the structure or lot shall be commenced
within one year from the date the use of the structure or lot was
destroyed or condemned and shall be completed within one year of the
date commenced.
D.
Discontinuance or abandonment. If a nonconforming use of a structure
or lot is voluntarily discontinued, razed, removed or abandoned for
12 consecutive months, subsequent use of such structure or lot shall
conform with the regulation of the zoning district in which it is
located, unless the same or another nonconforming use is approved
by the Zoning Hearing Board, and that permit application for such
use is applied for within the time period of discontinuance or abandonment,
and any approved use be initiated within 60 days after the Zoning
Hearing Board authorization. Abandonment shall mean an intentional
relinquishment of a use or structure for a continuous period of one
year regardless of interest. Commercial or industrial abandonment
shall be measured from the date of the last record of sale or regular
occupancy, whichever occurs first. Residential abandonment shall be
measured from the last date of regular and permanent occupancy.
A.
Extension or enlargement.
(1)
Nonconforming structures may be altered, renovated or enlarged,
provided that:
(a)
Such alteration, renovation or enlargement does not enlarge
the floor area of the structure by more than 50% of the floor area
of the structure as it existed on the date when the structure became
nonconforming.
(b)
Only one extension or enlargement shall be permitted per nonconforming
structure.
(c)
Such alteration, renovation or enlargement shall not increase
any existing nonconformity and the structure otherwise complies with
all applicable regulations.
(2)
Any alteration, extension or addition to existing structures
shall conform with all area, height, width, yard and coverage requirements
for the zoning district in which it is located as well as building
code regulations currently in effect.
B.
Restoration. Any lawful nonconforming structure which has been involuntarily
damaged or destroyed by fire, explosion, windstorm, flood or other
natural or criminal acts, or legally condemned due to an involuntary
act, may be reconstructed in the same location, provided that:
A.
A lot may be used or a structure may be erected or altered on any
lot held in single and separate ownership at the effective date of
this chapter which is not of the required minimum area or width or
is of such unusual dimensions that the owner would have difficulty
in providing the required minimum setbacks for the zoning district
in which such lot is situated, provided a special exception is authorized
by the Zoning Hearing Board; and provided, further, that the applicant
does not own or control other adjoining property that, when combined,
would be sufficient to enable them to comply with the provisions of
this chapter, as amended. In considering a special exception to permit
the use of land or erection or alteration of a structure on a lot
nonconforming as to area and bulk requirements, the Zoning Hearing
Board shall impose the following additional requirements:
(1)
That the use of the lot shall be required to conform to the
permitted uses in the zoning district in which such lot lies.
(2)
That the height shall be restricted to that specified for other
structures within the zoning district in which the lot lies.
(3)
That the design standards imposed for uses within the zoning
district in which the lot lies may be applied to the use of the lot.
(4)
Such conditions as are necessary to assure compliance with the
general purpose and intent of this chapter.
B.
No lot area shall be reduced so that the area or width of the lot
or the applicable setback dimensions shall be smaller than herein
prescribed.
Existing nonconforming signs, signboards, billboards or advertising
devices may be continued, subject to the following:
A.
Maintenance. A nonconforming sign may be repainted, repaired (including
lighting), or modernized, provided that such repairs or modification
do not exceed the dimensions of the existing sign.
B.
Alteration or replacement. No nonconforming sign shall be physically
enlarged or replaced. Nonconforming signs, once removed, may be replaced
only by conforming signs. A nonconforming sign may be moved, provided
that moving such sign would eliminate the nonconformity.
C.
The message of a nonconforming sign may be changed, as long as it
does not create any new nonconformity.
D.
Restoration. Any sign which has been involuntarily destroyed by fire,
explosion, windstorm or other similar active cause, or legally condemned,
shall be replaced with a conforming sign.
Any owner of a lawful nonconforming use, structure or lot may
register the status of same with the Borough Zoning Officer for purposes
of establishing the rights conferred upon nonconformities under this
chapter. Should the Zoning Officer refuse to accept and register the
nonconformity as lawful, the property owner may appeal such decision
to the Zoning Hearing Board in accordance with the Municipalities
Planning Code.
