A.
Within the districts established by this chapter or amendments thereto,
there exist certain uses, structures and lots that were lawful before
this chapter was enacted or amended but which do not conform to the
provisions of this chapter or amendment thereto. These uses, structures
or lots are referred to as "nonconformities."
B.
The regulations governing existing nonconforming uses, structures
and lots are set forth in this article and 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.
All structures, lots, uses of structures and uses of land that
do not conform to the regulations of the district in which they are
located after the effective date of this chapter or amendment thereto
shall be regarded as nonconforming and may be continued so long as
they remain otherwise lawful, including subsequent sales of property.
Such uses must comply with all safety-related and other applicable
regulations.
A.
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 and a permit is obtained as per § 153-153A:
(1)
It is clear that such enlargement or extension is not materially
detrimental to the health, safety and welfare of the surrounding area.
(2)
The proposed enlargement or extension only occurs on the tract
where the nonconformity is currently located.
(3)
The area devoted to the nonconforming use shall not be increased
by more than 25%. The nonconforming structure shall not be increased
by more than 25% of its cubic content.
(4)
Any extension or enlargement of a building shall conform to
the area, height and setback regulations of the district in which
it is located.
(5)
Not more than one extension or enlargement to a nonconforming
use or structure shall be granted.
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, subject to the following conditions and as per § 153-153A:
A.
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:
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 zoning regulations shall
be allowed on the premises.
If a nonconforming use is abandoned, as defined in Article II, the subsequent use of such a building or land shall conform to the regulations of the district in which it is located unless the Zoning Hearing Board approves another nonconforming use. In the latter case, such approved use shall be initiated within 90 days after the prior use had been officially designated as abandoned.
A nonconforming structure which is destroyed or damaged by fire
or other casualty or act of God may be restored to its condition and
footprint prior to the occurrence, provided that:
A.
The reconstructed structure shall not exceed the height, area and
volume of the building destroyed or condemned.
B.
Reconstruction of the structure shall commence within one year from
the date the structure was destroyed or condemned, unless the Zoning
Hearing Board shall authorize a special exception for an extension
of this time limit.
A.
On any nonconforming structure or portion of a structure containing
a nonconforming use, work may be done in any period of six consecutive
months on ordinary repairs or on repair or replacement of non-load-bearing
walls, fixtures, wiring or plumbing, provided that the cubic content
existing when it became nonconforming shall not be increased.
B.
If a nonconforming structure becomes physically unsafe due to lack
of repairs and maintenance and is declared by the ZO to be unsafe
by reason of physical condition, it shall not thereafter be restored
or repaired except to conform or more closely conform to the regulations
of the district in which it is located.
C.
Nothing in this chapter shall be construed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by the ZO or other official charged with protecting the
public safety.
No nonconforming use shall displace a conforming use.
A lot held in single and separate ownership on 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
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 space shall be smaller than herein prescribed.
Regulations pertaining to nonconforming signs can be found in Article XIV.
The ZO may prepare, or cause to be prepared, a complete list
of all nonconforming uses, structures, lots and signs in the Borough.
Whenever a lot is sold, a previously lawful nonconforming use
may be continued by the new owner.
A nonconforming structure altered or a nonconforming use created in violation of any previous provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 153-167 upon other nonconforming structures and uses.
