A.
Any lawful building or other structure, or any lawful use of a building
or other structure or land, legally existing on the effective date
of this chapter, which does not conform with the provisions of this
chapter, shall be considered a lawful nonconforming building, structure
or use, and may be continued, except as otherwise herein provided.
B.
Any lawful building or other structure, or any lawful use of a building
or other structure or land, legally existing on the effective date
of this chapter, may be transferred, and the new owner may continue
the nonconformity, subject to the provisions of this chapter.
A.
Extension.
(1)
Any lawful nonconforming use of a portion of a building may
be extended throughout the building, and any lawful nonconforming
building or any building of which a lawful nonconforming use is made
may be extended upon the lot occupied by such building and held in
single and separate ownership on the effective date of this chapter,
provided that the area of such building shall not be increased by
more than a total of 25% of the area of such building existing on
the date it first became a lawful nonconforming building or a building
of which a lawful nonconforming use is made when authorized by the
Zoning Hearing Board as a special exception.
(2)
An extension of the nonconformity shall be permitted only one
time during its existence and if it is clear that such alteration,
extension, or addition is not materially detrimental to the character
of the surrounding neighborhood and abutting properties.
(3)
Any structural alteration, extension, or addition shall conform
with all height, area, width, yard and bulk requirements for the district
in which it is located, and in no case shall increase any structural
nonconformity.
(4)
Use of land. Any lawful nonconforming use of land exclusive
of buildings and the use contained therein may be extended upon the
lot upon which it exists at the time of the effective date of this
chapter, but such extension shall conform to area and bulk requirements
and to the design standards of this chapter. The extension of a nonconforming
use on a lot shall be limited to the lot which was in existence on
the effective date of this chapter.
B.
Change.
(1)
Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character or of a similar or lesser impact than the use it is to replace when authorized by the Zoning Hearing Board as a special exception, and for such purpose, a building may be extended on the same lot in accordance with § 400-144A. In evaluating relative impact, the Zoning Hearing Board shall take into consideration issues including but not limited to: potential traffic generation; nuisance characteristics such as emission of noise, dust, odor, glare, and smoke; fire hazards; and hours and manner of operation.
(2)
Whenever the nonconforming use of a building or land has been
changed to a use of greater conformity or a conforming use, such conforming
use shall not thereafter be changed to a nonconforming use or use
of less conformity.
C.
Restoration. Any lawful nonconforming use, building, or other structure
which has been involuntarily destroyed by fire, explosion, windstorm,
or other similar cause, or legally condemned, may be reconstructed
in the same location when approved by conditional use, provided that:
D.
Discontinuance or abandonment.
(1)
If a lawful nonconforming use of land, a building, or other
structure is discontinued or abandoned for a continuous period of
one year or more, subsequent use of such building or structure or
land shall be in conformity with the provisions of this chapter.
(2)
The same nonconforming use shall be permitted, provided the
request for the nonconforming use is filed within the one-year period
and thereafter approved and the permit application for such approved
nonconforming use is filed within 30 days after the decision of the
Borough.
A.
A building may be erected or altered on any lot held at the effective
date of this chapter in single and separate ownership which is not
of the required minimum area, or width, or is of such unusual dimensions
that the owner would have difficulty in providing the required minimum
setbacks for the district in which such lot is situated, provided
a special exception is authorized by the Zoning Hearing Board, and
provided further that the applicant does not own or control other
adjoining property that, when combined, would be sufficient to enable
them to comply with the provisions of this chapter, as amended. In
considering a special exception to permit erection or alteration of
a building on a lot nonconforming as to area and bulk requirements,
the Zoning Hearing Board shall impose the following additional requirements:
(1)
That the use of the lot shall be required to conform to the
permitted uses in the district in which such lot lies.
(2)
That the building height shall be restricted to that specified
for other buildings within the district in which the lot lies.
(3)
That the design standards imposed for uses within the district
in which the lot lies may be applied to the use of the lot.
(4)
Impose such conditions as are necessary to assure compliance
with the general purpose and intent of the Zoning Ordinance.
B.
In any district in which single-family dwellings are permitted, notwithstanding
the area limitation imposed by other provisions of this chapter, a
single-family dwelling and customary accessory buildings may be erected
on any single lot of record in existence at the effective date of
adoption or amendment of this chapter, without Zoning Hearing Board
action, provided that such lot must be in single and separate ownership.
C.
No lot area shall be reduced so that the area or width of the lot
or the applicable setback dimensions shall be smaller than prescribed
in the zoning district in which it is located.
A.
Any sign, signboard, billboard, or advertising device existing at
the time of the passage of this chapter that does not conform with
the regulations of the district in which it is located shall be considered
a legal nonconforming sign and may be used in its existing location,
provided it is maintained in good condition and repair at all times,
but shall not be increased in size.
B.
Nonconforming signs once removed shall be replaced only with conforming
signs; however, a nonconforming sign may be moved, provided that moving
such sign would eliminate the nonconformity.
C.
Legal nonconforming signs may be repainted or, after issue of a permit,
repaired or modernized, provided that such repaired or modernized
sign does not exceed the dimensions of the existing sign.
D.
The message of a nonconforming sign may be changed, as long as it
does not create any new nonconformity.
E.
Whenever any use of land, building or other structure ceases as prescribed by § 400-144D, all signs accessory to such use shall be removed within 30 days from the date such use terminates.
F.
Restoration. Any sign which has been involuntarily destroyed by fire,
explosion, windstorm, or other similar active cause, or legally condemned,
shall be replaced with a conforming sign.
