A.
Within the districts established by this chapter or
amendments that may later be adopted there exist lots, structures
and uses of land and structures which were lawful before this chapter
was passed or amended, but which would be prohibited under the terms
of this chapter or future amendment.
B.
It is the intent of this chapter to permit these nonconformities
to continue until they are removed. Such uses are declared by this
chapter to be incompatible with permitted uses in the districts involved.
Nonconformities may be enlarged as decided by the Zoning Hearing Board.
C.
A nonconforming use of a structure, a nonconforming
use of land or nonconforming use of a structure and land shall not
be extended or enlarged after passage of this chapter by: the addition
of other uses if such additions are of a nature which would be prohibited
generally in a district; or the attachment of additional signs or
display devices on the land outside the building.
D.
Nothing in this chapter shall be deemed to require
a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the effective
date of adoption or amendment of this chapter and upon which actual
building construction has been continuously carried on. Actual construction
includes the placing of construction material in permanent position
and fastened in a permanent manner, and demolition, elimination and
removal of an existing structure in connection with such construction,
provided that actual construction work shall be continuously carried
on until the completion of the building involved.
For nonconformance lots of record, the owner
shall apply to the Zoning Hearing Board for the appropriate variances
for the use of said lot. If two or more lots with continuous frontage
in single ownership and if all or part of the lots do not meet the
requirements for lot width and area in the respective district, the
lands involved shall be considered to be an undivided parcel for the
purpose of this chapter. No portion of said parcel shall be used which
does not meet lot width and area requirements established by this
chapter.
Where lawful use of land exists that is made
no longer permissible under the terms of this chapter as enacted or
amended, such use may be continued, subject to the following provisions:
A.
No such nonconforming use shall be expanded to occupy a greater area of land than was occupied at the effective date of this chapter, except as specified by § 72-23 of this chapter.
B.
No such nonconforming use shall be moved to any other
portion of the lot occupied by such use at the effective date of this
chapter.
C.
If any such nonconforming use of land ceases for any
reason for a period of more than 12 months, any subsequent use of
such land shall conform to the regulations for the district in which
such land is located.
Where a lawful structure exists that could not
be built under the terms of this chapter, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
A.
A structure may not be enlarged or altered unless
a variance is granted by the Zoning Hearing Board.
B.
Should such structure be destroyed by fire, flood,
explosion or other casualty, to an extent of more than 50% of its
replacement cost at time of destruction, it shall not be reconstructed
except in conformity with the provisions of this chapter unless a
variance is granted by the Zoning Hearing Board. Replacement cost
shall be determined by obtaining cost of reconstruction from the following
sources: one building contractor selected by the owner; and one building
contractor selected by the borough. The average cost of replacement
will then be ascertained after receipt of both costs.
C.
Should such structure be moved for any reason, it
shall thereafter conform to the regulations for the district in which
it is located after being moved.
If a lawful use of a structure, or of a structure
and premises in combination, exists that would not be allowed in the
district, the lawful use may be continued subject to the following
provisions:
A.
An existing structure devoted to a use not permitted
in the district in which it is located may not be enlarged, extended,
constructed, reconstructed or structurally altered unless a variance
is granted by the Zoning Hearing Board.
B.
Any nonconforming use may be extended throughout any
parts of a building, but no such use shall be extended to occupy any
land outside such building.
C.
If no structural alterations are made, any nonconforming
use of a structure, or structure and premises, may be changed to another
nonconforming use, provided that the Zoning Officer shall find that
the proposed use is equally or more appropriate to the district than
the existing nonconforming use. Applications for changes to nonconforming
uses, structures or lots which are equal or less nonconforming may
follow normal permit procedures under the Zoning Officer.
D.
Once a nonconforming use is superseded by a permitted
use, the nonconforming use shall not be resumed.
E.
When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or abandoned for 12 consecutive
months, it shall not be used except in conformance with the regulations
of the district in which it is located.
F.
When nonconforming use status applies to a structure
and premises in combination, removal or destruction by the owner of
the structure shall eliminate the nonconforming status of the land,
unless the structure is rebuilt within 12 months.
A.
On any building, devoted in whole or in part to any
nonconforming use, work may be done on ordinary repairs, or on repair
or replacement of nonbearing walls, fixtures, wiring or plumbing without
the requirement of a permit.
B.
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
Notwithstanding the limitations imposed by any
other provisions of this chapter, the Zoning Officer may permit erection
of a structure on any lot of record separately owned or under contract
of sale and containing, at the time of passage of this chapter, a
width smaller than that required in this chapter for the R-A and R-B
Districts. In no case shall any structure be permitted within eight
feet of a lot line as measured at the building line. It shall be the
responsibility of the Zoning Officer to review all permits issued
under this section with both the Planning Commission and the Borough
Council prior to issuing of said permit and obtain signatures from
both of these bodies that said permit has been reviewed.
