Within the districts established by this chapter
or amendments thereto, there exist certain uses, structures, and lots
which were lawful before this chapter was enacted or amended but which
do not conform to the provisions of this chapter or amendment thereto.
These uses, structures, or lots are referred to as "nonconformities."
The regulations governing existing nonconforming uses, structures,
and lots are set forth in this article and are intended to provide
a gradual remedy for the undesirable conditions resulting from such
nonconformities. While such nonconformities are generally permitted
to continue, these regulations are intended to restrict further investment
in such nonconformities and to bring about their gradual reduction.
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 conditional use, provided that the following conditions are met and a permit is obtained as per Article
XXI:
A. It is clear that such enlargement or extension is
not materially detrimental to the health, safety, and welfare of the
surrounding area.
B. The proposed enlargement or extension only occurs
on the tract where the nonconformity is currently located.
C. The area devoted to the nonconforming use shall not
be increased by more than 25%. The nonconforming structure shall not
be increased by 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. In determining cubic content, that portion of a stack
or projection above the highest point of the principal building shall
be excluded from the calculation.
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 when so determined by the Borough Council, 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, gases, heat,
odor, glare, or vibration.
(5)
Sanitary sewage disposal.
C. A permit is obtained from the Borough.
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 zoning regulations,
shall be permitted to be erected on the premises.
If a nonconforming use of a building or land
is abandoned for 12 consecutive months or more, whereby the owner
discontinues the use, the subsequent use of such a building or land
shall conform to the regulations of the district in which it is located,
unless another nonconforming use is approved by Borough Council. Such
approved use shall be initiated within 120 days after the approval
of Council.
A nonconforming structure, a conforming structure
devoted to a nonconforming use, or a structure that has been legally
condemned or destroyed by fire or other cause to less than 75% of
the current value of the structure may be reconstructed and used for
the same nonconforming use, provided that:
A. The reconstructed structure shall not exceed the height,
area, and volume of the building destroyed or condemned.
B. Reconstruction of the structure shall commence within
12 months from the date the structure was destroyed or condemned,
unless Borough Council shall authorize a conditional use for an extension
of this time limit. However, an extension may be granted if delays
related to permitting delay construction.
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 be otherwise 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 so reduced that the area
of the lot or the dimensions of the open space shall be smaller than
herein prescribed.
Regulations for nonconforming signs are in Article
XVI relating to signs.
Every five years, the Zoning Officer may prepare,
or cause to be prepared, a complete list of all nonconforming uses,
structures, lots, and signs 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 previous provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by §
196-146 upon other nonconforming structures and uses.