A use, building or structure lawfully in existence
prior to the adoption of this chapter, which does not comply with
the applicable use provisions of this chapter or any applicable amendment
thereto, may be continued as provided herein. Nothing herein contained
shall require any change in the plans, construction or designated
use of a building complying with existing laws, a permit for which
had been duly granted and the construction of which shall have been
started before the date of adoption of this chapter or any applicable
amendment thereto, and the ground story framework of which, including
the second tier of beams, shall have been completed within six months
of the date of the permit and which entire building shall have been
completed, according to such plans as have been filed, within one
year of the date of adoption of this chapter or any applicable amendment
thereto.
The Zoning Officer may identify and register
nonconforming uses and nonconforming structures as provided in Section
613 of the Pennsylvania Municipalities Planning Code, Act 247, as
amended.[1]
[1]
Editor's Note: See 53 P.S. § 10613.
The Zoning Officer shall issue a certificate of nonconformance for any nonconformance registered in accordance with § 260-48 hereof.
Any nonconforming use which shall be destroyed by fire or other disaster may not be restored except as a conforming use; provided, however, that the owner of such use may apply to the Zoning Hearing Board for the restoration of such use in accordance with the procedure set forth under § 260-56E(1) herein for applications for special exceptions. The Zoning Hearing Board may authorize the Zoning Officer to issue a permit for such replacement if the findings are in accordance with the criteria set forth under § 260-56E(3)(b), not including § 260-56E(3)(b)[1]; and provided, further, that such application shall be made within 90 days of such disaster and that such permit shall not be valid for a period of more than one year.
Any nonconforming use or structure damaged less
than 50% of its existing floor area may be restored, reconstructed
or used as before, provided that the volume of such use or structure
shall not exceed the floor area which existed up to the time of such
damage; and provided, further, that such restoration shall be in accordance
with the following:
Where a use is in conformity with this Zoning
Chapter in all respects other than its lot size, yards and setbacks
and such use is destroyed totally or partially, it may be restored
to its condition prior to such damage; provided, however, that it
shall not be made any more nonconforming as to yards and setbacks
than it was prior to such damage and that, to the extent feasible,
such reconstruction shall be made more conforming as to yards and
setbacks.
Any nonconforming building which is not also
a nonconforming use, if damaged or destroyed, may be restored to its
original condition.
When the use and occupancy of a nonconforming
use shall be abandoned for a period of one year or more, then the
reuse of such property shall not thereafter be resumed as a nonconforming
use. The use of such property following the abandonment of a nonconforming
use for a period of at least one year shall be in accordance with
the provisions of this chapter governing the zone district where it
is located.
A.
A nonconforming use shall not be changed into a use
which is first permitted in a less restrictive zone district than
where the nonconforming use is first permitted.
B.
A nonconforming use may be changed into a conforming
use.
C.
A nonconforming use which is not permitted in any
zone district or which is permitted only as a special exception may
only be changed into a conforming use.
D.
When a nonconforming use shall be changed in accordance
with the provisions hereof, the use of the building or other structure
or tract of land shall not thereafter by changed again, except in
accordance with these regulations.
E.
No nonconforming use shall be expanded by more than
25% of the area and bulk which existed at the time of the adoption
of this chapter.
