It is the intent of this chapter to recognize the right of nonconformities
to continue, but to encourage that such lots, uses and structures
be brought into conformity with this chapter as soon as constitutionally
permissible. To achieve this end, nonconformities are subject to the
regulations set forth in this article.
Where a lawful use or structure exists which, on the effective
date of this chapter or subsequent amendment thereto, becomes nonconforming,
such use or structure may be continued as long as it remains otherwise
lawful, including subsequent sales of the property, subject to the
following provisions:
A. The existing nonconforming use shall not be changed to a different
nonconforming use.
B. No such nonconforming use or structure shall be altered or extended
except if such use complies with the following criteria and standards:
(1) To provide for a natural expansion that is not detrimental to public
health, safety and general welfare, provided that such expansion does
not exceed 50% of the existing ground floor area of the structure
or other space occupied by the use;
(2) Provided that such does not constitute the addition of a new nonconforming
use or structure;
(3) Provided that such does not decrease yards when such already fail
to meet minimum yard setback areas; and
(4) Provided that the alteration or extension meets the district regulations
for such use or structure as if same were being altered or extended
in the district where such use is permitted. In cases where the use
is permitted in two or more districts, the most restrictive district
regulations shall apply.
C. In the event that any nonconforming structure is destroyed or partially
destroyed by any means to an extent of 75% or more of the market valuation
of all structures and other improvements on the lot, as determined
from the Centre County Tax Assessment Office effective at the date
of the destruction, such nonconforming structure and use thereof may
be repaired or reconstructed and used as before the time of damage,
provided such repairs or reconstruction are completed within two years
of the date of such damage. Should the nonconforming use or structure
be redesigned to encompass a different or larger building footprint,
the construction drawings for the new construction shall be submitted
to the Borough Planning Commission for review and recommendation to
Borough Council.
D. When a nonconforming use or structure is discontinued or abandoned
for a period of one year or more continuously or replaced by a conforming
use or structure, the premises shall not thereafter be used except
in conformity with the regulations of the district in which it is
located.
In order to administer this article, the Zoning Officer shall
identify and register nonconforming uses and structures.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any structure on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been carried on diligently.
"Actual construction" is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner. Where excavation or demolition or removal of an existing structure
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.