Any nonconforming lot, building, structure or use legally existing
at the time of adoption of this chapter, or which is created whenever
a district is changed by amendment hereafter, may be continued, altered,
reconstructed, sold, or maintained, even through it does not conform
to the regulations of the district in which it is located, except
as provided below. It is the intent of this chapter to permit these
nonconformities to continue until they are removed, discontinued,
or abandoned.
A.
Nonconforming lots.
(1)
A nonconforming lot may be used for a permitted use in the district
in which it is located, even though such a lot fails to meet the requirements
for lot area or dimensions or both. However, all other applicable
requirements including building lines and setbacks shall apply. The
variance of setback requirements shall be obtained only through action
of the Zoning Hearing Board.
(2)
If two or more lots with common ownership are of record at the
time of passage or amendment of this chapter, and if all or part of
the lots do not meet the requirements for lot width and area established
by this chapter, the lands involved shall be considered an undivided
parcel, and no portion of such parcel shall be occupied or sold which
does not meet lot width and area requirements established by this
chapter.
B.
Nonconforming uses. A use legally existing at the time of adoption
of this chapter which becomes a nonconforming use in the district
where it is existing upon adoption of this chapter or amendment hereafter,
may be continued as it exists upon adoption or future amendment of
this chapter. Thereafter, the use shall only be modified minimally
to uses that are generally consistent with the use that became nonconforming.
The use shall not be permitted to change to any use that is different
from the nonconforming use and not in compliance with the use regulations
for the district where the use is located.
C.
Nonconforming structures. A structure legally existing at the time
of adoption of this chapter which becomes a nonconforming structure
in the district where it is existing upon adoption of this chapter
or amendment hereafter, may be continued as it exists upon adoption
or future amendment of this chapter. Thereafter, the structure shall
only be modified minimally in accordance with the provisions of this
chapter. The structure shall not be permitted to change in such a
fashion as to make the nonconforming structure a greater nonconformity
so as to adversely affect the character of the neighborhood or district
in which it is located.
A.
If a nonconforming use or structure is abandoned as defined by the
ordinance, all subsequent use of such building or land shall be in
conformity with that district's regulations. A nonconforming
use shall be deemed abandoned when said use has ceased for one year
or more and only when it was the intent of the tenant or owner to
abandon said use permanently.
B.
In the event of destruction or total casualty loss to a nonconforming
building or structure, a one-year extension may be granted by the
Zoning Officer, provided that the owner shall, prior to the expiration
of the initial one-year period provided for in the forgoing subsection,
file a notice of intent to reconstruct with the Zoning Officer.
A.
Repairs, nonstructural alterations, and other general maintenance
may be made to a nonconforming building or structure or a building
or structure occupied by a nonconforming use, but such repairs shall
be subject to all applicable zoning and building code requirements.
B.
A nonconforming building or structure or a building or structure
occupied by a nonconforming use which is damaged by fire, flood, or
other natural causes may be reconstructed, restored, and used as before,
provided that:
A.
A nonconforming use of a building or structure may be extended throughout
the interior of the building, provided that no structural alterations
are made thereto. Prior to initiation of such extension however, a
zoning permit shall be obtained from the Zoning Officer.
B.
Structural alterations proposed to extend a nonconforming structure
may be authorized as follows:
(1)
By the Zoning Officer, provided that:
(a)
The extensions or enlargements shall conform to the yard, height,
off-street parking, coverage, and other requirements of the zoning
district in which the use or structure is located; and
(b)
The proposed extension or enlargement of the nonconforming use
shall not exceed 50% of the gross floor area of the structure or use,
with such gross floor area to be measured at such time that the use
became nonconforming.
(2)
By the Zoning Hearing Board upon application for a variance,
provided that:
(a)
The extensions or enlargements shall conform to the yard, height,
off-street parking, coverage, and other requirements of the Zoning
District in which the use or structure is located; and
(b)
The proposed extension or enlargement of the nonconformity which
exceeds 50% of the gross floor area of the structure or use is approved
by a variance issued by the Zoning Hearing Board.
(3)
Extension or enlargement of a commercial nonconforming structure
or building. A nonconforming structure or building can be expanded
or enlarged in a manner consistent with the Natural Expansion Doctrine,
which does not specifically limit the expansion or enlargement to
a particular percentage, but permits such expansion or enlargement
that is necessary for the growing commercial use so long as it does
not interfere with or impair the essential character of the neighborhood
or adversely effect the adjacent and adjoining landowners.
(4)
A nonconforming use shall not be extended to displace a conforming
use, unless authorized by the Borough Council.
(5)
Any nonconforming building or structure or building or structure
occupied by a nonconforming use which is moved for any reason must
meet all requirements of the district in which it is located.
A.
Any nonconforming use may be changed to another nonconforming use
by conditional use, provided that the Borough Council shall find the
proposed use to be equally appropriate or more appropriate to the
zoning district in which it is located.
B.
A nonconforming use that is replaced by a permitted use shall not
be allowed to revert to any nonconforming use.
To facilitate the administration of this section, it may be
the duty of the Zoning Officer to document any nonconforming uses,
structures, and lots identified during the evaluation of an application
for a zoning permit. The application file shall identify the nonconforming
aspect of the property. Any applicant aggrieved of any decision rendered
therefrom may file an appeal with the Borough Zoning Hearing Board.
