Within the districts established by this chapter or amendments
thereto, there exist certain uses, structures and lots which were
lawful before this chapter was enacted or amended, but which do not
conform to the provisions of this chapter or amendment. These uses,
structures and lots are referred to as "nonconforming." The regulations
governing existing nonconforming uses, structures and lots as set
forth in this chapter are intended to provide a gradual remedy for
the undesirable conditions resulting from such nonconformities. While
such nonconformities are generally permitted to continue, these regulations
are intended to restrict further investment in such nonconformities
and to bring about their gradual reduction.
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another equally restrictive or more restrictive
nonconforming use only if permitted as a special exception and subject
to the following conditions:
A.
The applicant shall show that the nonconforming use cannot be reasonably
changed to a conforming use.
B.
The applicant shall show that the proposed change will be no more
objectionable in external effects than the existing nonconforming
use or will be more appropriate than the existing nonconforming use
with regard to:
A nonconforming use or structure may be extended, enlarged or
altered when so authorized as a special exception, provided that the
following conditions are met:
A.
It is clear that such enlargement or extension is not materially
detrimental to the health, safety, and welfare of the surrounding
area or the interest of the Borough.
B.
The proposed enlargement or extension only occurs on the tract where
the nonconformity is currently located.
C.
The nonconforming structure, or the area devoted to the nonconforming
use, shall be increased by not more than 50%.
D.
Any extension or enlargement of a building shall conform to the area,
height and setback regulations of the district in which it is located.
E.
No more than one extension or enlargement to a nonconforming use
or structure shall be granted.
Where a nonconforming use is conducted entirely on unenclosed
premises, no structure to house or enclose such use, whether or not
such structure would otherwise conform to the zoning regulations,
shall be permitted to be erected on the premises.
Whenever a nonconforming use of land, premises, buildings or
structures, or any part or portion thereof, has been discontinued
for a period of one year or more, such nonconforming use shall not
be reestablished thereafter, and all future uses shall be in conformity
with the provisions of this chapter.
No building devoted to a nonconforming use shall, in the event
of destruction or serious damage by fire, flood, or similar cause,
be reconstructed for the purpose of carrying on the nonconforming
use. "Serious damage" shall be defined as damage which reduces the
value of any structure by more than half of its prior value.
A lot held in single and separate ownership at the effective
date of this chapter, which does not contain the required minimum
area or width, may be used for the construction, alteration, or reconstruction
of a building, or may be otherwise used, if the construction, alteration,
reconstruction, or other use is in compliance with the use, yard,
setback, density, and other pertinent provisions of this chapter.
No lot area shall be so reduced that the area of the lot or
the dimensions of the open spaces shall be smaller than herein prescribed.
