A.
The zoning districts established by this chapter are designed to
guide the future use of land in the Borough by encouraging the development
of desirable residential and commercial areas, with appropriate groupings
of compatible and related uses, toward promoting and protecting the
public health, safety, comfort, prosperity and other aspects of the
general welfare.
B.
To achieve this end, lawful existing uses which would be prohibited
or restricted under the terms of this chapter or future amendments,
and which do not conform to the character and regulations of the zoning
district in which they are located, shall be subject to certain limitations.
C.
Similarly, buildings or other structures which do not comply with
one or more of the applicable district requirements as to lot width,
minimum lot area and yard space, off-street parking, lot coverage
or building height are deemed to be nonconforming.
D.
Nonconforming uses and structures will generally be permitted to
remain. The purpose of regulating them is to place reasonable restrictions
on further expansion of uses or structures which are inappropriate
to their location.
E.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in plans, construction or intended use of any
building on which actual construction was lawfully begun prior to
the effective date or amendment of this chapter and on which actual
building construction has been diligently carried on.
A.
Continuation and/or expansion.
(1)
Lawful uses located either within a building or other structure,
or part thereof, or on the land, or in combination of both, which,
at the effective date of this chapter, or subsequent amendment thereto,
become nonconforming may be continued so long as they remain otherwise
lawful, including subsequent sales of the property.
(2)
Nonconforming uses and structures may be reasonably expanded to provide
for natural expansion to accommodate increased trade, business or
industry, provided that such expanded use shall not be detrimental
to the health, safety, morals and general welfare of the people and
residents in the surrounding area, and provided further that a special
exception therefor is granted by the Zoning Hearing Board.
B.
Moving of structure. No nonconforming building or structure shall
be moved in whole or in part to another location on the lot, unless
every portion of said building or structure is made to conform to
all the regulations of the district in which it is located.
C.
Discontinuance. If a nonconforming use of land or building ceases
operation for a continuous period of more than six months, then this
shall be deemed to be an intent to abandon such use, and any subsequent
use of land shall conform to the regulations of this chapter. This
regulation shall not apply to any single-family or two-family use.
[Amended 2-2-1977 by Ord. No. 1191]
D.
Change in use.
(1)
The lawful use of a building existing at the time of the adoption
of this chapter may be continued, although such use does not conform
to the provisions hereof, and such use may be extended throughout
the building, provided that such extension does not displace any residence
use in a residence district. If no structural alterations are made,
a nonconforming use of a building may be changed to another nonconforming
use of the same or higher classification. If such a nonconforming
use or a portion thereof is discontinued or changed to a conforming
use, any future use of such building, structure or portion thereof
shall be in conformity with the provisions of this chapter.
(2)
Whenever a use district shall be hereafter changed, any existing
nonconforming use in such changed district may be continued or changed
to another nonconforming use of the same or higher classification,
provided that no structural alterations are made other than those
ordered by an authorized public officer to assure the safety of the
building, structure or its occupants or of an abutting building, structure
or its occupants.
E.
Damage or destruction.
(1)
In the event that a nonconforming building or structure in any district
is destroyed or partially destroyed by fire, explosion or other cause,
or otherwise damaged to the extent of 50% or more of either its assessed
valuation (as determined from the assessment rolls effective at the
date of the damage or destruction) or the bulk of all buildings, structures
and other improvements on the lot, such nonconforming uses shall terminate
and the lot shall thereafter be used only for conforming uses, except
that a single-family dwelling or duplex located in any nonresidential
district which is partially or totally damaged or destroyed by fire
or other means may be reconstructed, provided that the dwelling is
rebuilt on the existing foundation and there is no increase in any
nonconforming aspect of the dwelling.
[Amended 5-14-1997 by Ord. No. 1372]
(2)
In any case, whether conforming or nonconforming, the remains of
any building so destroyed must be removed from the premises within
six calendar months so that the same is or shall not remain a nuisance
thereon.
Lawful signs in existence at the effective date of this chapter
or amendments thereto may be continued, subject to the following regulations:
A.
Moving. No nonconforming advertising sign, billboard, commercial
advertising structure or statuary shall be moved to another position
on the building or lot on which it is located after the effective
date of this chapter or amendment thereto.
B.
Structural alterations. A nonconforming sign of a nonconforming use
may be continued, but the area of such sign or signs shall not be
increased, and such sign or signs shall not be structurally altered.
A.
In order to administer this chapter, the Zoning Officer or his duly
authorized representative shall prepare, after the adoption of this
chapter and over a reasonable period of time, a list of all nonconforming
uses, buildings, lots and signs then in existence.
B.
Every nonconforming use shall be registered with the Zoning Officer,
and a certificate of nonconforming occupancy shall be reissued every
three years thereafter.
