All lawful uses of land or of a building, sign, or other
structure existing on the effective date of this Chapter may be continued,
altered, restored, reconstructed, changed, sold or maintained even
though such use may not conform to the use, height, area, yard and
other regulations of the district in which it is located, providing
such nonconforming conditions shall comply with the following:
[Ord. 1983-4, 12/5/1983, § 12.16(a)]
1.
The owner of the premises occupied by a lawful nonconforming use
or building existing at the effective date of this Chapter shall secure
a certificate of nonconformance which shall be for the purpose of
insuring to the owner the right to continue a nonconforming building
or use.
2.
All nonconforming signs, billboards, or advertising sign boards, including poster panels, bulletins, and the like, shall be made to conform to all pertinent regulations or be removed one year after the effective date of this Chapter. During this period, they may be continued and maintained. However, business identification signs, signs on existing nonconforming uses may be continued and maintained; provided that such signs shall conform to Part 8 of this Chapter.
[Ord. 1983-4, 12/5/1983, § 12.16(b)]
1.
Where a building permit has been issued 90 or more days prior to
the effective date of this Chapter and the proposed building or use
does not conform to the requirements of this Chapter, the proposed
building or use shall be considered the same as a lawful building
or use and shall be regulated by the requirements of this Part.
2.
Where a building permit has been issued less than 90 days prior to
the effective date of this Chapter and the proposed building or use
does not conform to the requirements of this Chapter, the proposed
building or use shall be considered the same as a lawful building
or use and shall be regulated by the requirements of this Part only
if at least one of the following conditions has been met prior to
the effective date of this Chapter.
[Ord. 1983-4, 12/5/1983, § 12.16(c)]
1.
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use.
2.
A nonconforming building which is damaged by fire, explosion, [or]
an Act of God may be rebuilt and used for the same purposes, provided
that:
A.
The reconstruction of the building is commenced within one year from
the date of the destruction of the building and is carried to completion
without undue delay.
B.
The reconstructed building does not exceed in height, area and volume,
the building destroyed.
C.
The reconstructed building shall comply with the area regulations
of the district in which it is located.
[Ord. 1983-4, 12/5/1983, § 12.16(d)]
1.
The following types of extensions and enlargements are permitted
for nonconforming uses and buildings existing on the effective date
of this Chapter.
2.
The foregoing extensions or enlargements shall be subject to the
following conditions:
A.
The extension or enlargement shall conform to the height, area, yard
and coverage regulations of the district in which it is permitted.
Extension or enlargement shall not exceed 33-1/3%.
B.
The extension or enlargement of the building or use shall be provided
with off-street parking and loading spaces as required by Part 9,
"Off-Street Parking."
C.
The extension or enlargement does not replace a conforming use.
[Ord. 1983-4, 12/5/1983, § 12.16(e); as amended
by Ord. 1998-4, 11/2/1998, § 1]
The Zoning Hearing Board may grant a special exception to substitute
a nonconforming use of land, building or structures with another nonconforming
use of land, buildings or structures if the applicant can demonstrate
to the zoning Hearing Board's satisfaction that the proposed nonconformity
is no more detrimental to the area than the existing nonconformity,
that the proposed nonconforming use would cause no new nonconformities,
except for use. The Zoning Hearing Board may attach reasonable conditions
to the grant of the special exception to ensure that the new nonconforming
use remains no more detrimental to the area than the existing nonconforming
use was.
[Ord. 1983-4, 12/5/1983, § 12.16(f); as amended
by Ord. 2008-6, 11/3/2008]
1.
A nonconforming use, when discontinued, for any reason whatsoever,
for a period of more than one year, shall be considered abandoned
and may not be resumed, and any subsequent use of the building or
land must comply with the use requirements of the district in which
the building or land is located.
2.
Hereafter, removal of a nonconforming mobile home from the site it
occupied shall constitute abandonment of the space so occupied, unless
a new home is installed within one year, and subsequent use of said
space shall conform with the provisions of this Chapter.
3.
The removal of a mobile home from a residential lot already occupied
by a residential building shall constitute abandonment of the nonconforming
use, and such use shall not thereafter be permitted.
4.
Hereafter, trailer camps or trailer parks, which are nonconforming
under the terms of this Chapter, shall be operated in accordance with
public health regulations, Commonwealth of Pennsylvania, Department
of Environmental Resources, under the provisions of Act 175 of April
9, 1929, P.L. 177, as amended, and all other applicable laws.
