[Ord. 2227, 12-10-2013]
1.
The purpose and objective of these provisions is to establish specific
regulations pertaining to nonconforming uses, lots, land areas, buildings
and/or structures.
2.
As part of the establishment of zoning districts by this chapter,
there exists or will exist certain nonconformities which, if lawful
before this chapter was passed or amended, may be continued, subject
to certain limitations, although such nonconformities would be prohibited,
regulated or restricted under the terms of this chapter or future
amendments thereto.
3.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of adoption of this chapter and on which actual
building construction has been diligently conducted.
[Ord. 2227, 12-10-2013]
The burden of proof that the use, lot, structure or building
is a nonconformity shall be the responsibility of the property owner,
who shall register said nonconformity with the Borough. All known
nonconformities shall be a matter of public record and shall constitute
sufficient notice and the limitations therein express and implied
to any transferee acquiring any right to use or own such property.
It shall also be the responsibility and burden of the property owner
to notify the Borough of any permitted reestablishment of any nonconformities.
[Ord. 2227, 12-10-2013]
1.
Any lot shown on a recorded subdivision or land development plan
on the effective date of this chapter which does not meet the minimum
size or width requirements of the zoning district in which it is located
may be used for a use permitted by regulations of that zoning district,
provided that all yard, height, coverage and open space requirements
of the zoning district shall be met. However, when a developer or
applicant has had an application for approval of a preliminary or
final subdivision plan which has been approved prior to the effective
date of this chapter, no provision and/or regulation in this chapter
shall be applied to affect adversely the right of the developer or
applicant to commence and complete any aspect of the approved preliminary
or final plan within such time periods as are established within the
Pennsylvania Municipalities Planning Code.
2.
Any lot held in single and separate ownership on the effective date
of this chapter which does not meet the minimum size or width requirements
of the zoning district in which it is located may be used for any
use permitted in that zoning district, provided that all yard, height,
coverage and open space requirements of the district are met. However,
if two or more lots, combination of lots or portions of lots with
continuous frontage held under single 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 established for lot width and/or
area, the land involved shall be considered to be an undivided parcel
for the purpose of this chapter, and no portion of said parcel shall
be used or sold in a manner which diminishes compliance with lot width
and/or area requirements established by this chapter, nor shall any
division of any parcel be made which creates a lot width or area below
the requirements stated in this chapter.
[Ord. 2227, 12-10-2013]
1.
Lawful uses of land, which at the effective date of this chapter
or subsequent amendment thereto become nonconforming: such nonconforming
use or uses may be continued by the present or any subsequent owner
so long as they remain otherwise lawful, subject to the provisions
listed within this article of this chapter.
2.
A nonconforming land use shall not be enlarged, increased and/or
extended in order to occupy a greater area of land than was occupied
at the effective date of adoption or amendment of this chapter.
3.
Whenever a nonconforming use has been discontinued for a period of
12 consecutive months, such use shall not thereafter be reestablished,
except if the owner of such property files within 30 days of the date
of discontinuance a letter of intention to maintain such use. If such
certificate is filed in the time period for which a nonconforming
use may be discontinued and still be reestablished, such nonconforming
use shall be permitted to be reestablished; however, it must be reestablished
within 12 months from receipt of the letter of intent to maintain
such use.
4.
A nonconforming use, if changed to a conforming use, shall not thereafter
be changed back to any nonconforming use. A nonconforming use shall
not be moved, in whole or in part, to any portion of the lot or parcel
other than that occupied by such at the effective date of adoption
or amendment of this chapter.
5.
A nonconforming use of land may be changed to another nonconforming
use, provided that the proposed use is equally appropriate or more
appropriate to the zoning district than the existing nonconforming
use. Such determination shall be made by a special exception granted
by the Zoning Hearing Board, which shall take into consideration the
following issues: the intent of the provisions for the zoning district;
the ability to change the use to a conforming use; traffic generation
and congestion; noise, smoke, dust, fumes, vapors, gases, heat, odor,
glare, vibration or other nuisances; external storage; solid waste
disposal; sewer and water facilities; and the general impact of the
use compared to the uses within 500 feet of the property lines.
6.
No additional structures which do not conform to the requirements
of this chapter shall be erected in connection with such nonconforming
use of land.
[Ord. 2227, 12-10-2013]
1.
Lawful nonconforming structures or buildings, which at the effective
date of this chapter become nonconforming by reason of restrictions
on area, lot coverage, height, yards, their location on the lot or
other requirements concerning the buildings or structures, may be
continued as long as they remain otherwise lawful, subject to the
provisions listed in the following subsections.
2.
A nonconforming building or structure shall not be enlarged or increased
upon land not owned, leased or under option to purchase at the time
of the enactment of this chapter.
3.
A nonconforming building or structure shall not be enlarged, increased,
repaired, maintained or modified in any manner which will further
violate any applicable dimensional requirements imposed by this chapter,
except that a principal building which existed at the effective date
of this chapter which is nonconforming as to a yard requirement may
have repairs, improvements, modifications and/or additions made to
those portions of the building located within the required yard. All
such repairs, improvements, modifications and/or additions shall not
further increase or extend into the required yard.
4.
Any total future expansion of a nonconforming building or structure
shall not exceed 25% of the gross floor area or ground area occupied
at the time of the effective date of this chapter, and such expansion
shall not violate any applicable Zoning Ordinance regulations.
5.
Any lawful nonconforming building or other structure which has been
involuntarily damaged or destroyed by fire, explosion, windstorm or
other similar active cause may be reconstructed in the same location,
provided that:
[Ord. 2227, 12-10-2013]
1.
Lawful nonconforming uses of structures or buildings, and land in
combination, which exist at the effective date of this chapter that
would not be allowed in the district under the terms of this chapter,
may be continued so long as they remain otherwise lawful, subject
to the provisions contained within this article of this chapter.
2.
An existing structure devoted to a use not permitted by this chapter
within the zoning district where it is located may be enlarged, extended,
constructed, reconstructed or structurally altered up to but not more
than 25% of its gross floor and/or use area as it existed at the time
of the passage of this chapter or subsequent amendment, provided that
the lot or lots upon which the nonconforming structure is situated
were held under single ownership or long-term lease (10 years or more)
and purchased or leased prior to the enactment of this chapter.
3.
Any enlargement, extension, construction, reconstruction or structural
alteration must conform to all other regulations of the zoning district
in which it is located.
4.
Any nonconforming use may be extended throughout the building which
was in use for the nonconforming use at the time of adoption of this
chapter, but no such use shall be extended to occupy any land outside
such building unless provided for under this article of this chapter.
5.
A nonconforming use of land may be changed to another nonconforming
use, provided that the proposed use is equally appropriate or more
appropriate to the zoning district than the existing nonconforming
use. Such determination shall be made by a special exception granted
by the Zoning Hearing Board, which shall take into consideration the
following issues: the intent of the provisions for the zoning district;
the ability to change the use to a conforming use; traffic generation
and congestion; noise, smoke, dust, fumes, vapors, gases, heat, odor,
glare, vibration or other nuisances; external storage; solid waste
disposal; sewer and water facilities; and the general impact of the
use compared to the uses within 500 feet of the property lines.
6.
Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations for the district, and the nonconforming
use may not thereafter be resumed. When a nonconforming use of a structure,
or structure and premises in combination, is discontinued or abandoned
for 12 consecutive months, the structure, or structure and premises
in combination, shall not thereafter be used except in conformity
with the regulations of the district in which it is located.
7.
Where a building or structure occupying a nonconforming use is damaged
or destroyed, the nonconforming use shall be permitted to continue,
provided that reconstruction and/or repair shall be completed within
one year from the date of damage or destruction. If such action is
not taken and the nonconforming use is not reestablished within one
year from the date of damage or destruction, the status of the nonconforming
use shall be eliminated at that point in time.
