A.
The districts established by this chapter constitute the proper location for the specific enumerated uses, buildings, and other structures permitted therein (exclusive of nonconforming signs, which are addressed in Article VII, § 425-81). Within such districts, however, there exist nonconformities that were lawfully in existence before the effective date of this chapter, but are now prohibited under the terms of this chapter. Future amendments to this chapter may be expected to create additional nonconformities.
B.
The legitimate interests of those who established these nonconformities
are recognized in this chapter by permitting such nonconformities
to continue, subject to regulations for and limitations upon their
completion, restoration, reconstruction or extension. It is recognized,
however, that nonconformities substantially and adversely affect the
orderly development, maintenance, use, and taxable value of other
property in the district, property that is itself subject to the regulations
of this chapter. In order to secure eventual compliance with the standards
of this chapter, it is, therefore, necessary to strictly regulate
nonconformities and to prevent the reestablishment of nonconformities
that have been discontinued.
C.
Accordingly, the following sections divide nonconformities into five
classes and provide appropriate regulations for each class. These
classes are:
(1)
Vacant lots smaller than the minimum size, width, depth, or any combination
thereof required by this chapter;
(2)
Nonconforming buildings and structures used for a permitted use;
(3)
Nonconforming uses of conforming buildings and structures;
(4)
Nonconforming buildings and structures used for a nonconforming use;
and
(5)
Nonconforming use of land.
D.
In the case of existing residential uses and structures in any nonresidential
zone, regulations for the geographically closest residential district
for setbacks, height, areas and coverage shall apply.
A.
A prerecorded nonconforming lot is a lot consisting entirely of a
tract of land that:
(1)
Has less than the prescribed minimum lot size, width, depth, or any
combination thereof, for the district in which it is located;
(2)
Is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot such size, width, depth, or any combination thereof
at such location would not have been prohibited by any zoning ordinance;
and/or
(3)
Has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by the applicable zoning ordinance.
B.
The side yard setbacks for the development of a prerecorded nonconforming
lot shall be as follows:
(1)
If the development cannot conform to the side yard requirements of the district in which it is located because the lot is not as wide as required, then the development may reduce the two side yards by nine inches for each foot of difference to a total width of not less than 14 feet. Under such circumstances, the width of the narrower of the two side yards shall not be less than five feet. In no case shall any obstruction be permitted in the areas defined by Article VI, § 425-69, Clear sight triangle.
A lawfully existing building or other structure which contains
a conforming use, but which does not comply with the applicable lot
size requirements, building bulk limitations, or off-street parking
requirements, may be continued so long as it remains otherwise lawful.
Such buildings or other structures are referred to in this article
as "nonconforming buildings" and are subject to all of the following
regulations:
A.
Ordinary repair and maintenance.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a nonconforming building, subject to the provisions of Subsection D of this section in accordance with the order of a public official who is charged with protecting the public safety and who declares such building to be unsafe and orders its restoration to a safe condition.
B.
Repairs and alterations. Repairs, maintenance, alterations, and modernization
may be made to a nonconforming building or structure, except that
no structural alteration shall be made in or to such building or structure
except those required by law and except those making the building
or structure and use thereof conform, or more closely conform, to
the regulations of the district in which it is located.
C.
Enlargements. No nonconforming building shall be enlarged or added
to in any manner unless such building and the use thereof shall thereafter
conform to, or more closely conform to, the regulations of the district
in which it is located.
D.
Reconstruction. In the event that a nonconforming building or structure
used for a permitted use is damaged or destroyed by any means, to
such an extent that the cost of restoring it to its condition prior
to damage or destruction exceeds 50% of the current replacement cost
of the entire building, exclusive of foundations, such building and
use shall not be restored unless it shall thereafter conform to the
regulations for the district in which it is located.
E.
Moving. No nonconforming building or other structure shall be moved
in whole or in part for any distance whatever, to any other relocation
on the same lot or any other lot, unless the entire building and the
use thereof shall thereafter conforms to the regulations of the district
in which it is located after being moved.
A lawfully existing nonconforming use of part or all of a building
or structure may be continued subject to all of the following provisions:
A.
Expansion of a nonconforming use. A nonconforming use (which lawfully
existed prior to the enactment of this chapter or any amendments thereto)
of a part of a building or structure may be expanded or extended into
any other portion of such building or structure, provided that such
expansion or extension shall not in any case be detrimental to or
tend to alter the character of the neighborhood and that approval
therefor be granted by the Zoning Hearing Board.
B.
Change of a nonconforming use. A nonconforming use (which lawfully
existed prior to the enactment of this chapter or any amendments thereto)
all or partially conducted in a structure or structures may be changed
to another nonconforming use only upon determination by the Zoning
Hearing Board, after public hearing, that the proposed new use will
be more conforming to its neighborhood and surroundings than the use
it is to replace. In determining such relative conformity, the Board
shall review the written report of the Zoning Officer, which may include
the recommendations of the Planning Commission. This report shall
take into consideration such factors, among others, as traffic generated,
nuisance characteristics, such as emission of noise, dust, odors and
smoke, creation of vibrations and fire hazards, the hours and manner
of operation. The Zoning Officer may request the assistance of other
applicable Borough agencies in preparing his or her report.
C.
Discontinuance of a nonconforming use. A use occupying a building
or structure not conforming to the regulations of the district in
which it is located that is discontinued during any continuous period
of 12 months, shall not be continued and said building or structure
shall only be occupied by a use which conforms to the district in
which it is located.
D.
Reconstruction. In the event that a conforming building or structure
containing a nonconforming use is damaged or destroyed by any means,
voluntary or involuntarily, said building may be restored. If the
owner chooses to reconstruct the conforming building or structure,
the nonconforming use must be reinstated within 12 months from the
date of any said damage or destruction.
E.
Moving. No building or other structure that is devoted in whole or
in part to a nonconforming use shall be moved in whole or in part
for any distance, whatsoever, to any other lot unless the entire building
or other structure and the use thereof shall thereafter conform to
the regulations of the district in which it is located after being
so moved. Moreover, no nonconforming use of land shall be moved, in
whole or in part for any distance whatsoever, to any other location
on the same, or any other lot, unless such use shall thereafter conform
to the permitted uses and regulations of the district in which it
is located after being moved.
Any existing nonconforming building or other structure, which
contains a nonconforming use of part of or all of said building (both
structure and use being lawfully in existence prior to the enactment
of this chapter) may be continued subject to all the following provisions:
A.
Ordinary repair and maintenance of nonconforming building or structure.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a nonconforming building, subject to the provisions of Subsection G of this section in accordance with the order of a public official who declares such building to be unsafe and order its restoration to a safe condition.
B.
Repairs and alterations to a nonconforming building or structure.
Repairs, maintenance, alterations, and modernization may be made to
a nonconforming building or structure, except that no structural alteration
shall be made in or to such building or structure, except those required
by law, and except those making the building or structure and use
thereof conform, or more closely conform, to the permitted uses and
regulations of the district in which it is located. The only exception
to this subsection is that any alteration or addition that simply
"squares off" an existing L-shaped structure (i.e., adding a porch
or room to the back, side or front of a structure; which addition
does NOT extend further into the side, back or front yards than the
already existing legal, nonconforming structure) is permitted. Any
such alteration or addition may not, however, extend into the clear
sight triangle.
C.
Enlargements of a nonconforming building or structure. No nonconforming
building or structure shall be enlarged or added to in any manner
unless such building or structure shall thereafter conform to, or
more closely conform to, the permitted uses and regulations of the
district in which it is located.
D.
Expansion of nonconforming use. A nonconforming use of a part of
a nonconforming building or structure (which lawfully existed prior
to the enactment of this chapter) may be expanded or extended into
any portion of such building or structure, provided that such expansion
or extension shall not in any case be detrimental to or tend to alter
the character of the neighborhood and that approval therefor was granted
by the Zoning Hearing Board.
E.
Change of nonconforming use. A nonconforming use all or partially
conducted in a nonconforming structure or structures (which lawfully
existed prior to the enactment of this chapter or any amendments thereto)
may be changed to another nonconforming use only upon determination
by the Zoning Hearing Board, after public hearing, that the proposed
new use will be more conforming to its neighborhood and surroundings
than the use it is to replace. In determining such relative conformity,
the Board shall review the written report of the Zoning Officer, which
may include the recommendations of the Planning Commission. This report
shall take into consideration such factors, among others, as traffic
generated, nuisance characteristics, such as emission of noise, dust,
odors, and smoke, creation of vibrations and fire hazards, the hours
and manner of operation. The Zoning Officer may request the assistance
of other applicable Borough agencies in preparing his or her report.
F.
Discontinuance of a nonconforming use. A nonconforming use occupying
a nonconforming building or structure, (which lawfully existed prior
to the enactment of this chapter) not conforming to the permitted
uses and regulations of the district in which it is located that is
discontinued during any consecutive period of 12 months, shall not
be continued and said building or structure shall only be occupied
by a use which conforms to the district in which it is located.
G.
Reconstruction. In the event that a nonconforming use within a nonconforming
building or structure (which lawfully existed prior to the enactment
of this chapter or any amendments thereto) that is damaged or destroyed
by any means, to such an extent that the cost of restoring it to its
condition prior to damage or destruction exceeds 50% of the current
replacement cost of the entire building, exclusive of foundations,
such building and use shall not be restored unless it shall thereafter
conform to the permitted uses and regulations for the district in
which it is located.
H.
Moving. No nonconforming building or other structure that is devoted
in whole or in part to a nonconforming use (which lawfully existed
prior to the enactment of this chapter or any amendments thereto)
shall be moved in whole or in part for any distance, whatsoever, to
any other lot unless the entire building or other structure and the
use thereof shall thereafter conform to the permitted uses and regulations
of the district in which it is located after being so moved. Moreover,
no such nonconforming use of land shall be moved, in whole or in part
for any distance whatever, to any other location on the same, or any
other, lot unless such use shall thereafter conform to the permitted
uses and regulations of the district in which it is located after
being moved.
The nonconforming use of land may be continued subject to all
of the following provisions:
A.
Expansion of use. A nonconforming use of land (which lawfully existed
prior to the enactment of this chapter or any amendments thereto)
may be expanded, provided that such expansion not be detrimental to
or tend to alter the character of the neighborhood and that approval
therefor be granted by the Zoning Hearing Board.
B.
Discontinuance of use. A use not conforming to the regulations of
the district in which it is located (which lawfully existed prior
to the ordinance's date of enactment or any amendments thereto) which
is discontinued and is not renewed during any consecutive period of
12 months, shall not be renewed except by a use that conforms to the
permitted uses and regulations of the district in which the land is
located.
