The provisions of this article affecting the
nonconforming uses of land and buildings and nonconforming structures
cited herein shall apply under the provisions of this chapter as enacted
initially, to amendments to this chapter and to zoning or rezoning
of areas annexed to the Borough.
The following regulations shall apply to nonconforming
structures in any zoning district:
A. Structural alteration. No such structure may be enlarged
or structurally altered in a way which increases its nonconformity,
except when the Zoning Hearing Board may determine undue hardship
and may authorize a reasonable modification of such structure.
B. Damage or destruction. Should any such structure,
other than a sign, be destroyed by any means to an extent of more
than 75% of its replacement cost at time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
chapter. In the event that such damage or destruction is 75% or less
than the replacement cost of the structure, repairs or reconstruction
may be undertaken, provided that such restoration is started within
12 months of the date of destruction.
C. Moving. Should such structure be moved for any reason
for any distance whatever, it shall thereafter conform to the requirements
of the zoning district in which it is located.
D. Signs. Nonconforming signs may be repaired or reconstructed,
subject to the following regulations and provided that no structural
alterations are made which increase the gross surface area of the
sign.
(1) Nonconforming signs may not be enlarged, added to
or replaced by another nonconforming sign, use or structure, except
that the interchange of the panels which display the advertising shall
be permitted.
(2) A nonconforming sign which is damaged to the extent
of 50% or more of its replacement value shall not be repaired, reconstructed
or moved unless it complies with all applicable provisions of this
chapter for signs.
(3) No new conforming business identification sign shall
be permitted on any property unless every sign on the property is
in conformance with the provisions of this chapter; provided, however,
that on lots containing several tenants, a nonconforming sign of one
tenant shall not preclude another tenant from erecting a conforming
sign.
E. Repair or maintenance. Nothing in this chapter shall
be deemed to prevent the strengthening or restoring to a safe condition
of any structure or part thereof declared to be unsafe by any official
charged with protecting the safety of the public.
The following regulations shall apply to nonconforming
uses of structures or lots or structures and lots in combination in
any zoning district.
A. Continuation. Where, at the effective date of adoption
or amendment of this chapter, a lawful use of a lot or structure exists
that is made no longer permissible under the terms of this chapter
as enacted or amended, such use may be continued as long as it remains
otherwise lawful.
B. Enlargement or expansion.
(1) No nonconforming use of a lot or structure shall be
enlarged or increased or extended to occupy a greater area than was
occupied at the effective date of adoption or amendment of this chapter,
unless the Zoning Hearing Board shall interpret that the enlargement
or extension is necessitated by the natural expansion and growth of
trade of the nonconforming use.
(2) No nonconforming use shall be moved in whole or in
part to any other portion of the lot occupied by such use at the effective
date of adoption or amendment of this chapter.
(3) Any nonconforming use may be extended throughout any
part of a structure which was manifestly arranged or designed for
such use at the time that the use became nonconforming, provided that
the structure is located on a lot or portion of a lot owned at the
time the use became nonconforming.
C. Change of use. Any change in the use of a nonconforming
use of a lot or structure shall be only to a use permitted within
the district in which the lot or structure is located, unless the
Zoning Hearing Board determines that a change to another nonconforming
use is equally appropriate to the district or more appropriate to
the district than the existing nonconforming use. Once changed to
a conforming use, however, no structure or land shall be permitted
to revert to a nonconforming use.
D. Abandonment. When a nonconforming use of a structure
and/or lot is discontinued or abandoned for six consecutive months
or for 12 months during any two-year period, the structure and/or
lot shall not hereafter be used, except in conformance with the regulations
of the zoning district in which it is located.