A.
Within the districts established by this chapter or
amendments thereto, there exist certain uses, structures and lots
which were lawful before this chapter was enacted or amended, but
which do not conform to the provisions of this chapter or amendment
thereto. These uses, structures or lots are referred to as nonconformities.
B.
The regulations governing existing nonconforming uses,
structures and lots are set forth in this article and are intended
to provide a gradual remedy for the undesirable conditions resulting
from such nonconformities. While such nonconformities are generally
permitted to continue, these regulations are intended to restrict
further investment in such nonconformities and to bring about their
gradual reduction.
All structures, lots, uses of structures and
uses of land that do not conform to the regulations of the district
in which they are located after the effective date of this chapter
or amendment thereto shall be regarded as nonconforming and may be
continued so long as they remain otherwise lawful, including subsequent
sales of property.
[Amended 5-20-2004 by Ord. No. 989; 5-15-2008 by Ord. No. 1047; 3-18-2010 by Ord. No. 1072]
A.
A nonconforming use or structure may be extended, enlarged or altered
by special exception if:
(1)
It is clear that such enlargement or extension is not materially
detrimental to the surrounding area or the interest of the Borough.
(2)
The proposed enlargement or extension only occurs on the tract where
the nonconformity is currently located.
(3)
The nonconforming structure, or the area devoted to the nonconforming
use, shall not be increased by more than 25%.
(4)
Any extension or enlargement of a building shall conform to the area,
height, building coverage, impervious coverage and setback regulations
of the district in which it is located.
(5)
No more than one extension or enlargement to a nonconforming use
or structure shall be granted.
B.
Any and all extensions and/or enlargements of a residential structure
that is preexisting nonconforming as to the side yard setback shall
be allowed to extend such nonconforming structure by right, provided
that the following requirements are met to the satisfaction of the
Borough:
(1)
A full and complete building permit application is provided
by the owner of the property. The application shall include a to-scale
plan of the property designating all setback dimensions, dimensions
from existing structures to all property lines and dimensions from
the existing building to all neighboring structures.
(2)
The application shall be accompanied by a fee that covers the
Borough's costs for processing the application, in addition to any
other building permit fees that may be required, which fee shall be
established from time to time by Council by resolution.
(3)
The nonconforming structure shall not be increased by more than
25%, and the nonconforming structure shall extend no deeper into the
side yard setback than the current nonconformance.
(4)
The Borough shall then mail a letter notifying the immediate
adjacent owners of property, including front, side and rear yards.
(5)
It is demonstrated and clear to the Borough that such enlargement
or extension is not materially detrimental to the surrounding area
or the interest of the Borough.
(6)
The application shall include an architectural rendering of
the proposed extension or enlargement for review and approval by the
Borough.
C.
The area of the nonconforming use or structure for this section shall
be defined as the entire gross floor area(s) of the use or structure,
which thereby includes the gross floor area(s) of multiple floors.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another equally restrictive or more restrictive
nonconforming use only if permitted as a special exception and subject
to the following conditions:
A.
The applicant shall show that the nonconforming use
cannot be reasonably changed to a conforming use.
B.
The applicant shall show that the proposed change
will be no more objectionable in external effects than the existing
nonconforming use, or will be more appropriate than the existing nonconforming
use with regard to:
Where a nonconforming use is conducted entirely
on unenclosed premises, no structure to house or enclose such use,
whether or not such structure would otherwise conform to zoning regulations,
shall be permitted to be erected on the premises.
If a nonconforming use of a building or land
is abandoned for six months or more, whereby the owner discontinues
the use, the subsequent use of such a building or land shall conform
with the regulations of the district in which it is located, unless
another nonconforming use is approved by the Zoning Hearing Board.
Such approved use shall be initiated within 90 days after the end
of the six-month period.
A nonconforming structure or a conforming structure
devoted to a nonconforming use which has been destroyed by fire or
other cause to an extent of not more than 50% of the value of the
structure, or a nonconforming structure which has been legally condemned,
may be reconstructed and used for the same nonconforming use, provided
that:
A.
The reconstructed structure shall not exceed the height,
area and volume of the building destroyed or condemned.
B.
Reconstruction of the structure shall commence within
one year from the date the structure was destroyed or condemned, unless
the Zoning Hearing Board shall authorize a special exception for an
extension of this time limit.
A.
On any nonconforming structure or portion of a structure
containing a nonconforming use work may be done in any period of six
consecutive months on ordinary repairs or on repair or replacement
of nonbearing walls, fixtures, wiring or plumbing, provided that the
cubic content existing when it became nonconforming shall not be increased.
B.
If a nonconforming structure or portion of a structure
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs and maintenance, and is declared by the Code
Enforcement Officer to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations of the district in which
it is located.
C.
Nothing in this chapter shall be construed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by the Code Enforcement Officer
or other official charged with protecting the public safety.
No nonconforming use shall displace a conforming
one.
A lot held in single and separate ownership
on the effective date of this chapter which does not contain the required
minimum area or width may be used for the construction, alteration
or reconstruction of a building, or may be otherwise used if the construction,
alteration, reconstruction or other use is in compliance with the
use, yard, setback and other pertinent provisions of this chapter.
No lot area shall be so reduced that the area
of the lot or the dimensions of the open space shall be smaller than
herein prescribed.
The Code Enforcement Officer shall prepare,
or cause to be prepared, within three years after the effective date
of this chapter, a complete list of all nonconforming uses, structures,
lots and signs in the Borough.
Whenever a lot is sold to a new owner, a previously
lawful nonconforming use may be continued by the new owner.
A nonconforming structure altered or a nonconforming use created in violation of any previous provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 311-114 upon other nonconforming structures and uses.
