The lawful use of any structure or land existing at the effective
date of this chapter may be continued although such use does not conform
with the provisions of this chapter, except as otherwise provided
in this article. This provision applies to any use of land or structure
lawful under the Perkasie Borough Zoning Ordinance of 1961.
Nonconforming structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter. In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of § 186-86, Alteration of uses.
Nonconforming lots are subject to the applicable provisions of Articles V, Zoning Districts, and VI, Dimensional Regulations.
Nonconforming uses shall not be altered, reconstructed, extended
or enlarged except in accordance with the following provisions:
A.
Such alteration, reconstruction, extension or enlargement up to 25% shall be permitted by the Zoning Officer. For alterations, reconstruction, extensions or enlargements between 25% and 50%, they shall be permitted only by special exception under the provisions of Article XI Hearings, Variances and Zoning Hearing Board.
B.
Such alteration, reconstruction, extension or enlargement shall be
only upon the same lot as in existence at the date the use became
nonconforming.
C.
Any increase in volume or area of the nonconforming use shall not
exceed an aggregate of more than 50% (of said volume or area) during
the life of the nonconformity.
A.
No nonconforming structure or structure occupied by a nonconforming
use damaged by fire or other natural causes to the extent of more
than 60% of the structure shall be repaired, reconstructed or used
except in conformity with the regulations of this chapter.
B.
Structures with damage to the extent of 60% or less of the structure
may be reconstructed, repaired or used for the same nonconforming
use, subject to the following provisions:
Whenever a nonconforming use has been discontinued for a period
of one year and such use has been abandoned, such use shall not be
thereafter reestablished and any future use shall be in conformity
with the provisions of this chapter.
A.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only
under the following conditions:
(1)
Such change shall be permitted only by special exception under the provisions of Article XI, Hearings, Variances and Zoning Hearing Board.
(2)
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
(3)
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use with respect
to:
(a)
Traffic generation and congestion, including truck, passenger
car and pedestrian traffic.
(b)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare
or vibration.
(c)
Storage and waste disposal.
(d)
Appearance and consistency with the Borough's historic character
and architecture.
(e)
Lighting.
(4)
The new use must comply with all applicable regulations for that
use, including parking requirements, as set forth in this and all
other Borough ordinances.
No nonconforming use shall be extended to displace a conforming
use.
Any uses, structures, or lots that become nonconforming due to a change of zoning district boundaries shall be regulated under this Article X.
Refer to Chapter 94, Floodplain Management, of the Code of the Borough of Perkasie.
