All structures, lots, uses of structures and
uses of land that do not conform to the regulations of the district
in which they are located after the effective date of this chapter
or amendment thereto shall be regarded as nonconforming and may be
continued so long as they remain otherwise lawful, including subsequent
sales of property. Such uses must comply with all safety-related and
other applicable regulations.
A nonconforming use or structure may be extended,
enlarged or altered when so authorized as a special exception, provided
that the following conditions are met:
A. It is clear that such enlargement or extension is
not materially detrimental to the health, safety and welfare of the
surrounding area or the interest of the Borough.
B. The proposed enlargement or extension only occurs
on the tract where the nonconformity is currently located.
C. The nonconforming structure, or the area devoted to
the nonconforming use, shall be increased by not more than 25% of
its cubic content.
D. Any extension or enlargement of a building shall conform
to the area, height and setback regulations of the district in which
it is located.
E. Not more than one extension or enlargement to a nonconforming
use or structure shall be granted.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another equally restrictive or more restrictive
nonconforming use, subject to the following conditions:
A. The applicant shall show that the nonconforming use
cannot be reasonably changed to a conforming use.
B. The applicant shall show that the proposed change
will be no more objectionable in external effects than the existing
nonconforming use or will be more appropriate than the existing nonconforming
use with regard to:
(1)
Traffic generation and congestion.
(3)
Noise, smoke, dust, fumes, vapors, heat, odor,
glare or vibration.
(5)
Sanitary sewage disposal.
Where a nonconforming use is conducted entirely
on unenclosed premises, no structure to house or enclose such use,
whether or not such structure would otherwise conform to the zoning
regulations, shall be permitted to be erected on the premises.
If a nonconforming use of a building or land
is abandoned for six consecutive months or more, whereby the owner
discontinues the use, the subsequent use of such a building or land
shall conform with the regulations of the district in which it is
located, unless another nonconforming use is approved by the Zoning
Hearing Board. Such approved use shall be initiated within 90 days
after the end of the six-month period.
Where a nonconforming structure or a conforming
structure devoted to a nonconforming use has been destroyed or damaged
by fire or legally condemned, such structure may be rebuilt or restored
to its condition prior to the occurrence, provided that:
A. The reconstructed structure shall not exceed the area,
height and volume of the building that was destroyed, damaged or condemned.
B. Reconstruction of the structure shall commence within
one year from the date the structure was destroyed or condemned.
No nonconforming use shall displace a conforming
use.
A lot held in single and separate ownership
on the effective date of this chapter which does not contain the required
minimum area or width may be used for the construction, alteration
or reconstruction of a building or may otherwise be used if the construction,
alteration, reconstruction or other use is in compliance with the
use, yard and setback provisions of this chapter.
No lot area shall be reduced so that the area
of the lot or the dimensions of the open space shall be smaller than
herein prescribed.
The Building Inspector shall prepare, or cause
to be prepared, within three years after the effective date of this
chapter, a complete list of all nonconforming uses and structures
in the Borough.
Whenever a lot is sold to a new owner, a previously
lawful nonconforming use may be continued by the new owner.
A nonconforming structure altered or a nonconforming use created in violation of any provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by §
295-112 upon other nonconforming structures and uses.