[Amended 11-9-1982 by Ord. No. 822]
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
a zoning ordinance, or in the case of an amendment of an ordinance,
then at the time of such amendment, may, except as hereinafter provided,
be continued although such use does not conform with the provision
of such ordinance or amendment.
A. Regulations controlling uses of land.
(1) Enlargement. No nonconforming use shall be: a) enlarged or extended
off the lot occupied by such use at the time of the adoption of this
chapter; or b) shall be enlarged or extended to occupy any part of
the required yard area in the district in which said use is located,
unless to provide for the natural expansion and accommodation of increased
trade and does not interfere with the health, safety and welfare of
the community.
(2) Changes. Once changed to a conforming use, no land shall be permitted
to revert to a nonconforming use. No new nonconforming use may be
added to or substituted for an existing nonconforming use.
(3) Fencing junkyards. Regardless of any other provisions of this chapter,
every junkyard existing as a nonconforming use shall, within two years
after becoming nonconforming, be completely enclosed within a continuous
solid fence or evergreen hedge found on a determination of the Zoning
Hearing Board to be by such height and character as to screen all
operations of such establishments, and which fence or hedge shall
be maintained in full conformity with any conditions attached to such
approval.
(4) Cessation of land use. If any nonconforming use of land ceases for
any continuous period of not less than six months for any reason other
than direct participation of owner or tenant in military service or
act of God, any subsequent use of such land shall be in conformity
to the regulations specified by this chapter for the district in which
such land is located.
(5) In any residence district on a lot of record on the effective date
of this chapter, a one-family structure may be established regardless
of the size of the lot, provided that, on a lot which is less than
50 feet in width, the total of the side yards shall in no case be
less than 10 feet and no one side yard shall be less than five feet,
and provided that all other requirements of this chapter are met.
If on the effective date of this chapter two or more lots contiguous
to each other and facing a common public right-of-way are in common
ownership, any one or each of which said lots are less then prescribed
hereinafter, the aforementioned shall be considered as one lot and
must comply to the lot requirements of the district wherein it is
located.
B. Regulations controlling nonconforming structures and nonconforming
uses of building.
(1) Alteration, reconstruction. No existing building occupied by a nonconforming
use shall be enlarged, extended, reconstructed or structurally altered
in order that a nonconforming use may be continued unless to provide
for the natural expansion and accommodation of increased trade and
does not interfere with the health, safety and welfare of the community.
Repairs to satisfy rehabilitation standards set on any building located
in any urban renewal project, or to satisfy code standards as required
by a public officer under Borough codes will also be permitted.
(2) Movement. No nonconforming building shall be moved, in whole or part,
to any other portion of the lot and continued to be used unless the
Zoning Hearing Board shall make a determination that such movement
is in keeping with the spirit of this chapter and contributes to public
safety or welfare, and shall give a special permit therefor.
(3) Cessation of building use. If any nonconforming use of a building
ceases for a continuous period of not less than six months for any
reason other than direct participation of the owner or tenant in military
service, or if the building in or on which the use, if conducted or
maintained, is moved from any district without approval of the Zoning
Hearing Board, then any future use of such building shall be in conformity
to the regulations specified by this chapter for the district in which
such building is located.
(4) Destruction of nonconforming building. If at any time a building
in existence or maintained at the time of the adoption of this chapter
and not conforming to the regulations for the district in which it
is located shall be destroyed by any means to the extent that the
remaining value is less than 50% of the assessed valuation in the
immediate area occupied by said building, the same shall thenceforth
be subject to all the regulations of this chapter for the district
in which such land and building are located.
(5) Construction started prior to adoption. Nothing herein contained
shall require any change in plans, construction or use of a building,
the actual construction of which shall have begun prior to the adoption
of this chapter and which entire building shall be completed according
to such original plans within six months of such time of adoption.
(6) Removal of nonconforming signs. A nonconforming sign may not be enlarged,
added to or replaced by another nonconforming sign or by a nonconforming
use of structure, except that the substitution or interchange of poster
panels and painted boards or nonconforming signs shall be permitted.