It is the purpose of this Article to limit the
injurious impact of nonconforming uses and/or structures on other
adjacent properties within a particular district and the community
as a whole, while recognizing that alterations, reestablishments and
extensions of nonconforming uses and/or structures may not be contrary
to the public interest or the general purpose of this chapter when
failure to allow such alteration, reestablishment or extension would
itself lead to neighborhood or district deterioration. It is further
the purpose of this Article to prescribe those standards which are
to be applied by the borough in determining the reasonableness of
a proposal to alter, reestablish or extend a nonconforming use. The
following are regulations which shall apply to the alteration, reestablishment
or extension of nonconforming uses.
A nonconforming use or building shall be a building, structure or use legally existing at the effective date of this chapter, or any amendment thereto, or a building, structure or use planned and under construction in compliance with existing laws prior to the effective date of this chapter, or any amendment thereto, and completed within a one-year period after the effective date of this chapter, or amendment thereto, and which does not conform with the use regulations of the district in which located. A building, structure or use allowed by variance in a district where it is nonconforming with any regulations of this chapter shall also be considered a nonconforming use. (See also definitions in § 124-8.)
[Amended 5-2-2006 by Ord. No. 284]
A.
Normal maintenance and repair, such as painting, replacing
a roof, etc., is allowed, as well as alterations and interior renovations
that do not structurally alter the building or area or result in increased
use of the building or area or a different nature of use than that
existing at the present time or otherwise create more incompatibility
with the surrounding permitted uses.
B.
In cases where the nonconforming structure is a single-family dwelling or a two-family dwelling, or a structure accessory to a single-family or two-family dwelling, alterations and/or interior renovations that structurally alter the building are allowed, providing the Zoning Officer reviews such plans and determines that such changes do not create further nonconformity. However, a single-family dwelling or a two-family dwelling or accessory structure to those dwellings that was allowed by variance in a district where it is nonconforming with any regulations of this chapter is subject to the requirements of § 124-34 below.
[Amended 5-2-2006 by Ord. No. 284]
All changes, reestablishments and additions to nonconforming uses and structures, excepting those identified in § 124-33, shall be considered conditional uses subject to the requirements of § 124-44 and all other applicable standards of this chapter, and permits for changes in use, reestablishment or additions shall be granted only after a determination by the borough that the following conditions will be satisfied.
A.
Storage of materials. There shall be no increase in the amount of materials, supplies and/or products that are stored outside a nonconforming facility excepting those types of uses outlined in Subsection B.
B.
Screening. Where the nonconforming activity is one
which necessarily results in the storage of large quantities of material,
supplies or products outside, the use may only be expanded if a solid
fence of wood or some similar material and/or vegetative screening,
not less than six (6) feet in height, is present on all sides of the
immediate area in use.
C.
Yards and setbacks. No addition, change or expansion
of a nonconforming use shall create further nonconformity by violation
of yard and/or height regulations of the district in which it is located.
E.
Parking and traffic. In no case will a change, reestablishment,
addition or expansion of a nonconforming use be allowed which would
result in the diversion of traffic or relocation of a driveway on
the site to any point nearer a residential property or result in violation
of any of the parking and unloading requirements of this chapter.
If the total number of parking spaces for the site is to be increased
more than twenty-five percent (25%) over those available as of the
date of this chapter, the borough may require vegetative screening
of the parking area from nearby residential areas.
F.
Extension onto new properties. The use may only be
expanded or extended onto a new property in the district if that property
is immediately adjacent to the existing location, the properties are
considered as a unit and were both under the same ownership as of
the effective date of this chapter and the owner has clearly exhausted
the alternatives available for expansion on the existing site.
A nonconforming use or structure may be reestablished
or reconstructed to the same nonconformity within a period of eighteen
(18) months after it has been discontinued, vacated, damaged or removed.
Prior to the removal of a nonconforming use or structure in anticipation
of reestablishment or reconstruction to the existing nonconformity,
the owner of such use or structure shall contact the Zoning Officer
so that a certificate of nonconformity may be issued prior to the
removal of the nonconforming use or structure.
A single-family dwelling may be erected on any
existing lot of record, provided that the owner does not possess adjoining
property which can be combined with the subject parcel, that no front,
side or rear yard setback is less than required and that a sewage
permit can be properly issued.
