A.
NONCONFORMING STRUCTURE
NONCONFORMING USE
As used in this section, the following terms shall
have the meanings indicated:
A structure or building or part thereof manifestly not designed
to comply with the applicable use provisions contained in this chapter
or its subsequent amendment where such structure lawfully existed
prior to the enactment of this chapter or amendment. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, or both, which does
not comply with the applicable use provisions of this chapter or its
subsequent amendments, where such use was lawfully in existence prior
to the enactment of this chapter or amendment.
B.
Use provisions. Any nonconforming use of land or structure
or combination thereof may be continued subject to the following:
A.
Procedure. Any nonconforming use of structure or land
or combination thereof may be expanded or changed only upon approval
of the Zoning Hearing Board after a special use hearing as defined
elsewhere in this chapter.
B.
Standards. Each application for an expansion or change
of a nonconforming use shall be subject to the following standards:
(1)
It shall be the responsibility of the applicant to
sufficiently document to the Zoning Hearing Board that the proposed
expansion or change will not be contrary to the purposes of this chapter
and the public health, safety, and welfare of municipal residents,
in general, and of the residents of the immediate area, in particular.
(2)
That such expansion or change is not extended beyond
the lot lines existing on the date of this chapter or its subsequent
amendments were adopted.
(3)
That such expansion or change shall comply with the
applicable yard and setback requirements of the district where located.
(4)
Any person seeking permission to change a nonconforming
use to any other nonconforming use, shall sufficiently document to
the Zoning Hearing Board that such new nonconforming use is more in
compliance with the applicable provisions of this chapter than the
present nonconforming use.
(5)
The Zoning Hearing Board may attach additional provisions
to the granting of a special use permit or expand or change a nonconforming
use for the purpose of promoting the objectives and intent of this
chapter.
Any person desiring to temporarily discontinue
a nonconforming use may do so, and may resume the same use within
one year after such discontinuance, provided such person has notified
the Borough in writing of his intention to do so within 30 days after
the use is discontinued. A discontinued use will not be deemed to
be resumed unless such use is operated on a regular basis for six
months after such resumption begins.
Notwithstanding any of the above regulations,
nothing in this article shall be deemed to prevent normal maintenance
and repair of any nonconforming use or structure.
The Borough Zoning Officer shall identify and
register all lawful uses existing at the effective date of this chapter
which do not conform to the requirements set forth in this chapter,
or any amendments thereto. Such registration shall be carried out
within 90 days of the effective date of this chapter, or any amendments
thereto.
