A use, building or structure which is lawfully
in existence at the effective date of this chapter and shall be made
nonconforming at the passage of this chapter or any applicable amendment
thereto may be continued, except as otherwise provided in this Article.
No existing use, building, structure or premises
devoted to a nonconforming use shall be enlarged, extended, reconstructed,
substituted or structurally altered, except when changed to a conforming
use or when required to do so by law and as follows:
A.
Any nonconforming structure damaged by fire, causality,
act of God or intentionally reduced to less than 50% of its previous
existing area may be restored, reconstructed or used as before, provided
that the restoration or reconstruction complies with all zoning requirements
in place at the time of the restoration or reconstruction. In the
case of a nonconforming foundation, all construction from grade shall
conform with existing zoning requirements. The approving authority
shall determine the time period in which complete restoration shall
take place.
[Amended 5-18-1998 by Ord. No. 1220; 6-23-2008 by Ord. No. 1618]
B.
Normal maintenance and repair of a structure containing
a nonconforming use is permitted, provided that it does not extend
the area or volume of space occupied by the nonconforming use and
does not increase the number of dwelling units.
C.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe or lawful condition of any part of any building
or structure declared unsafe or unlawful by the Construction Official
and/or other authorized state or Borough official.
[Amended 5-18-1998 by Ord. No. 1220]
D.
Any existing single-family residential structure which violates any
yard requirements may have vertical additions to the principal structure
without an appeal for a variance, provided that the additions do not
encroach beyond the existing setbacks of the existing principal structure
and maximum building height is not exceeded.
[Amended 6-22-1987 by Ord. No. 935; 5-18-1998 by Ord. No. 1220; 6-7-1999 by Ord. No. 1253; 6-23-2008 by Ord. No. 1618; 7-7-2008 by Ord. No.
1624; 11-21-2011 by Ord. No. 1743]
(1)
Subject to Subsection D, the required side yards for any existing single-family dwelling on a lot existing prior to the effective date of this chapter and having a nonconforming lot width shall be as follows:
(a)
For lots with a width of 60 feet to but not including 75 feet,
the combined side yards shall not be less than 15 feet and the smaller
side yard shall not be less than six feet.
(b)
For lots with a width of less than 60 feet, the combined side
yards shall be not less than 12 feet and the smaller side yard shall
not be less than five feet.
(c)
In no case shall the open space between the building and a building
on an adjoining property be less than 12 feet.
(2)
For such lots, the required lot depth at any point may be decreased
by 25% if the average lot depth conforms with the minimum requirement.
A.
A nonconforming use shall be considered abandoned
if it is terminated by the owner; if a nonconforming use involving
a structure is discontinued for 12 consecutive months; or if a nonconforming
use of land without structure(s) ceases for a period of six months.
The subsequent use of the abandoned structure and/or land shall be
in conformity with this chapter.
B.
When 50% or more of the existing area of a nonconforming
building or structure is destroyed by fire or other casualty or an
act of God, the use of such building or structure as a nonconforming
use shall thereafter be terminated.
Nonconforming buildings or structures lawfully
under construction on the effective date of this chapter, pursuant
to plans filed with the Construction Official and approved by the
Construction Official and all other Borough boards and agencies as
required under law, may be completed and may be used for the nonconforming
use for which it was designed, to the same extent as if such building
or structure had been completed and been in use on the effective date
of this chapter, provided that such building or structure shall be
completed within one year after the effective date of this chapter.
