The following regulations shall control nonconforming uses and
structures:
A.
A use or structure lawfully in existence at the effective date of
this chapter which is thereby made nonconforming or a lawful prior
nonconforming use or structure may be continued as provided for in
this chapter.
B.
Registration of nonconforming uses shall be completed no later than
120 days after the effective date of this chapter. Any operator of
a use that meets the requirements for a nonconforming use under this
chapter must apply to register the nonconforming use with the Zoning
Officer.
(1)
The Zoning Officer will provide application forms for the registration
of nonconforming uses.
(2)
The owner or operator claiming the nonconforming use has the burden
of demonstrating that the use lawfully existed prior to the effective
date of this chapter.
(3)
The Zoning Officer shall make a determination regarding the registration
of the nonconforming use. The determination of the Zoning Officer
may be appealed to the Zoning Hearing Board as provided for herein.
(4)
Failure to make application to register a nonconforming use within
120 days after the effective date of this chapter shall mean that
the use does not qualify as a nonconforming use.
C.
Changes to nonconforming uses or structures.
(1)
No nonconforming use or structure shall be enlarged, extended, expanded,
reconstructed, substituted or structurally altered except when such
changes are in conformity with this chapter. Normal maintenance and
repair of a nonconforming structure or use is permitted, provided
that it does not extend or expand the degree of nonconformity.
(2)
Nonconforming uses and structures may be expanded provided such expansion
does not exceed 50% of the area occupied at the time the use or structure
became nonconforming. Such expansion shall be on the same parcel of
land occupied by the nonconforming use or structure.
D.
Any nonconforming use or structure which is destroyed by fire, casualty
or act of God may be repaired, rebuilt and used as before, provided
that no increase in the degree of nonconformity is thereby created.
All repairs shall be commenced within one year after the damage occurs
and shall be completed within two years after such date, or such use
or structure shall not be rebuilt except as a conforming use or structure.
E.
Cessation of a nonconforming use for a continuous period of two years
shall create a rebuttable presumption that such use has been abandoned.
Such nonconforming use shall not thereafter be revived.
F.
A nonconforming use, if changed to a conforming use, shall not thereafter
be changed back to any nonconforming use. A nonconforming use may,
by conditional use, be changed to another nonconforming use, provided
that the Borough Council shall find that the proposed use is equally
appropriate or more appropriate in the zoning district than the existing
nonconforming use and is not more detrimental to the surrounding neighborhood.
The Borough Council may specify appropriate conditions and safeguards
when granting a conditional use.
G.
A principal building which existed at the effective date of this
chapter which is nonconforming as to yard requirements may have repairs,
improvements, maintenance, modifications and additions made to those
portions of the building located within the required yard, provided
that no repair, improvement, maintenance, modification or addition
shall be made which will cause any part of the building to project
into the yard farther than the building did at the effective date
of this chapter.
