Any nonconforming lot of record held in single
and separate ownership on the date of enactment of this chapter or
any amendment thereto which rendered such lot nonconforming and continuously
held in single and separate ownership thereafter may be developed
for any use permitted in the district in which the nonconforming lot
is located, provided that such development complies with all setback,
coverage, bulk, height and other requirements.
Where lawful use of land exists at the time
of the passage of this chapter or as a result of a subsequent amendment,
which would not be permitted by the regulations imposed by this chapter,
and where such use involves no principal structure, the use may be
continued, provided that:
A. No such nonconforming use of land, which is ceased,
removed, discontinued or abandoned for a period of one year, shall
thereafter be reestablished. This cessation, discontinuance or abandonment
time limit may be extended by an additional one-year time period where
contracts or agreements are being negotiated, provided that the property
owner makes written application for an extension, citing the reasons
necessary for the extension and the length of extension requested
and the Zoning Officer issues a temporary certificate of zoning compliance
to register the reasons for extension, the length of extension, and
the nature of the nonconformity.
B. No principal structures shall be erected in connection
with such nonconforming use of land.
C. Expansion of nonconforming uses shall be limited to
a maximum aggregate enlargement of 50% of the area of land so used,
as compared to the land in nonconforming uses at the date of adoption
of this chapter. Contiguous land owned at the effective date of this
chapter may be used for expansion of the nonconforming use. However,
for purposes of this chapter, approved streets or road rights-of-way
define the limit of expansion of any nonconforming use of land, and
such uses shall not extend across said streets or road rights-of-way.
A lawful structure existing at the effective
date of adoption of this chapter, or at the date of subsequent amendment
that makes it nonconforming, that could not otherwise be built due
to restrictions on lot coverage, height, yards, its location on the
lot, or other requirements concerning the structure, may remain, subject
to the following provisions:
A. A dimensionally nonconforming structure shall not
be enlarged or altered in a way that increases its nonconformity,
but a structure or portion thereof may be altered to decrease its
nonconformity.
B. A dimensionally nonconforming structure or portion
thereof may be extended along established, existing building lines,
provided that:
(1)
The extension meets all other applicable yard,
lot coverage and height regulations; and
(2)
Extension or enlargement along the nonconforming
setback shall be limited to a maximum increase of 50% of the area
of land covered by the portion of the structure which is in a nonconforming
status. Extension or enlargement in a conforming manner shall not
be subject to the fifty-percent limitation. Any extension or enlargement
shall be regulated by other applicable yard, lot coverage and height
restrictions.
C. A dimensionally nonconforming structure which has
been damaged or destroyed to any extent by fire, explosion, accident
or calamity may be repaired or reconstructed, provided that:
(1)
The rebuilt structure is unchanged in its original
size or location, or is less nonconforming than the original structure;
and
(2)
Repair or reconstruction is commenced within
one year from the date of damage or destruction. Failure to repair
or reconstruct within one year shall result in loss of nonconforming
rights and any successive structure shall conform with all applicable
ordinance requirements.
D. A dimensionally nonconforming structure which has
been demolished or destroyed to any extent by deterioration or removal
shall not be reconstructed or structurally replaced, except that:
(1)
Any conforming portion of the dimensionally
nonconforming structure may be reconstructed or replaced; and
(2)
Repairs and maintenance shall be permitted to
maintain the dimensionally nonconforming structure in a safe condition;
however:
(a)
Restoration and repairs shall be limited to
protective exterior improvements; and
(b)
A maximum aggregate of 50% of the structural
or weight-bearing components of the nonconforming structure may be
replaced, during structural alterations, so that repairs and maintenance
do not actually involve replacement of the old structure with a new
one over any period of time.
E. Should a dimensionally nonconforming structure be
moved for any reason, then:
(1)
Relocation on part of the same land area previously
covered by the structure shall equal or decrease the nonconformity;
or
(2)
Relocation to a previously unoccupied area shall
conform to all applicable ordinance requirements.
If lawful use involving principal structures
or land and structures in combination exists at the effective date
of adoption of this chapter, or at the date of subsequent amendment
that makes it nonconforming, the use may be continued so long as it
remains otherwise lawful, subject to the following:
A. Abandonment of a nonconforming use of a structure
(or land and structure in combination) shall remove the nonconforming
status of the structure (or land and structure in combination) so
that the nonconforming use may not thereafter be reestablished. Furthermore,
use of the structure (or land and structure in combination) shall
thereafter conform to the regulations for the zoning district in which
it is located. Abandonment shall be deemed to have occurred when the
nonconforming uses are ceased, removed or discontinued for a period
of 365 consecutive days. However, this cessation, discontinuance or
abandonment time limit may be supplemented by an additional three-hundred-sixty-five-day
time period while the property is being marketed, provided the property
owner makes written application for an extension, citing the reasons
necessary for the extension and the length of extension requested
and the Zoning Officer issues a temporary certificate of zoning compliance
to register the reasons for extension, the length of extension, and
the nature of the nonconformity.
B. Extension or enlargement of the structure containing
the nonconforming use or the area of land used for storage, display
or sales of products or materials in combination with the nonconforming
uses, shall be permitted only by special exception and shall be subject
to the following:
(1)
Expansion of the nonconforming use shall be
limited to a maximum aggregate enlargement of 50% of the area of land
so uses at the date of adoption of this chapter, or at the date of
subsequent amendment that makes it nonconforming, subject to the requirements
that:
(a)
The structure containing the nonconforming use
may be enlarged to cover 50% additional land area; and
(b)
Expansion may include only the same number of
stories existing on the structure at the date of adoption of this
chapter, or at the date of subsequent amendment that makes it nonconforming.
Additional stories shall not be permitted; and
(c)
The area of land used for storage, display or
sales of products or materials in combination with the nonconforming
use may be enlarged to cover 50% additional land area; and
(d)
Contiguous land may be used for the maximum
fifty-percent expansion, provided that the land so used was owned
at the date of adoption of this chapter, or at the date of subsequent
amendment that makes it nonconforming, and expansion does not extend
across any street or road right-of-way.
C. The Zoning Hearing Board may, by special exception,
permit the substitution of one nonconforming use for an existing nonconforming
use in accordance with the following criteria and limitations:
(1)
The use proposed to be substituted shall not
be more detrimental to the other uses in the zoning district than
the existing nonconforming use.
(2)
The proposed use to be substituted shall not
generate more traffic than the existing nonconforming use.
(3)
The proposed use to be substituted, if commercial
or industrial in nature, shall not have longer hours of operation
than the existing nonconforming use.
(4)
The proposed use to be substituted shall not
generate higher levels of noise, smoke, glare or other potential nuisance
conditions or safety hazards beyond the boundaries of the property
than the existing nonconforming use.
(5)
The proposed use to be substituted shall not
be more detrimental to the neighboring properties and uses than the
existing nonconforming use.
(6)
The existing nonconforming use shall be completely
abandoned.
D. Where the nonconformity applies to the use of structure
(or land and structure in combination), removal or destruction of
the structure shall eliminate the nonconforming status of the land.
Destruction, for the purposes of this subsection, is defined as damage
to an extent of more than 90% of the replacement cost at the time
of destruction.
E. Where the nonconformity applies to the use of structure
(or land and structure in combination), if the structure (or land
and structure in combination) has been damaged or destroyed to any
extent by fire, explosion, accident or calamity, it may be repaired
or reconstructed, provided that:
(1)
The rebuilt structure is unchanged in its original
size or location, or is less nonconforming than the original structure;
and
(2)
Repair or reconstruction is commenced within
one year from the date of damage or destruction. Failure to repair
or reconstruct within one year shall result in loss of nonconforming
rights and any successive structure shall conform with all applicable
ordinance requirements.
Nothing in this chapter shall be deemed to prevent
any repairs or maintenance of a nonconforming building or structure.
Any existing use that is permitted as a special
exception or conditional use in a district under the terms of this
chapter (other than a change through Zoning Hearing Board action from
one nonconforming use to another nonconforming use not generally permitted
in the district) shall not be deemed a nonconforming use in such district,
but shall, without further action, be considered a conforming use.
However, expansion, enlargement or change to that existing use shall
be subject to the same criteria specified for special exception or
conditional use approval within the district and administrative sections
of this chapter.
In addition to the requirements of this article, all nonconforming uses, activities, construction, and other development occurring within delineated floodplains shall also comply with the applicable requirements of Article
VI of this chapter and other Borough ordinances and regulations.