[Ord. No. 353, 6/19/1991, § 700; as amended by Ord. No. 430, 7/17/2002, § I.B]
1. 
All buildings, structures, uses of land, uses of buildings, lots, and signs which do not conform to all of the applicable regulations of the district in which they are located or other applicable requirements of this chapter shall be considered as nonconforming provided that:[1]
A. 
They lawfully existed on the date of passage of this chapter.
B. 
They lawfully existed on the date of passage of a text or map amendment to the chapter, which amendment caused the nonconforming status.
[1]
Informational Note: The first Hatfield Borough Zoning Ordinance was adopted in 1968.
[Ord. No. 353, 6/19/1991, § 701]
1. 
Nonconforming status shall be classified as follows:
A. 
Nonconforming Use. The existing lawful use of land and/or buildings and/or structures upon the land which does not conform to any of the permitted uses of the district in which it is located.
B. 
Nonconforming Building or Structure. Any existing lawful building or structure that does not conform to the height, location, size, bulk, or other dimensional requirements of the district in which it is located. This does not include signs.
C. 
Nonconforming Lot. Any existing lawful lot which does not conform to the area and/or width requirements for lots in the district in which it is located.
D. 
Nonconforming Signs. Any sign, signboard, billboard, or advertising device existing at the time of the passing of this chapter that does not conform in use, location, height, or size, with the regulations of this chapter shall be considered a nonconforming sign and shall be governed by the requirements of Part 11, Signs, herein.
E. 
Temporary Nonconforming Use. A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than 90 days on the approval of an application for a special exception by the Zoning Hearing Board.
[Ord. No. 353, 6/19/1991, § 702; as amended by Ord. No. 430, 7/17/2002, § III; and by Ord. No. 501, 8/15/2012]
1. 
The following regulations shall govern all properties to which nonconforming status is applied:
A. 
Nonconforming status shall continue, and a property may continue to be used as nonconforming until it complies with the requirements of this chapter.
B. 
Changes from One Nonconforming Use to Another.
(1) 
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2) 
A nonconforming use may be changed to a different nonconforming use only if permitted as a special exception by the Zoning Hearing Board, in accordance with Subsection 1.C below.
(3) 
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the pre-existing nonconforming use with regard to:
(a) 
Traffic safety and generation (especially truck traffic).
(b) 
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards.
(c) 
Amount and character of outdoor storage.
(d) 
Late night and early morning hours of operation if the use would impact dwellings.
(e) 
Compatibility with the current or zoned character of the surrounding area.
C. 
Abandonment. A nonconforming use, which is discontinued for a period of one year, is presumed abandoned, and when abandoned may be resumed during that year but not thereafter unless a variance is granted by the Zoning Hearing Board. The resumption must be of the same use that was previously nonconforming and had been discontinued.
D. 
Expansion of Nonconforming Uses.
(1) 
Residential. An existing nonconforming residential use may be expanded as permitted by right use provided that all of the following standards are met:
(a) 
The number of dwelling units or rooming house units shall not be increased.
(b) 
The expansion shall meet all applicable setbacks.
(c) 
No new nonconformities shall be created.
(d) 
A nonconformity shall not be made more severe.
(e) 
An expansion shall only occur on the same lot of record that was used for the nonconforming use at the time the use became nonconforming, and expansion shall not occur onto any adjoining lots.
(2) 
Nonresidential. A nonconforming nonresidential use shall only be expanded in accordance with the following provisions:
(a) 
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board.
(b) 
An expansion shall only occur on the same lot of record that was used for the nonconforming use at the time the use became nonconforming, and expansion shall not occur onto any adjoining lots.
(c) 
The 1) total building floor area used by a nonconforming use or the 2) total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 25% beyond what existed in the nonconforming use at the time the use first became nonconforming.
1) 
The above maximum increase shall be measured in aggregate over the entire live of the nonconformity.
(d) 
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(3) 
Any expansions or extensions of a nonconforming sign shall fully comply with this chapter, without any right to expand in a nonconforming manner.
E. 
Additional Building Regulations. The following regulations apply to buildings:
(1) 
Buildings under construction as of the date of adoption of this chapter, to the extent of completion of footings, may be completed as nonconforming buildings provided that valid building permits have been issued for those buildings.
(2) 
Buildings not yet under construction shall be built in conformance to this chapter, unless subdivision or land development plans for such buildings were submitted prior to the date of adoption of this chapter.
(3) 
The use or uses of buildings governed by Subsection 1.A and/or B., above, shall comply with the permitted uses for the district in which they are located.
(4) 
Nonconforming primary structures damaged or destroyed by fire, explosion, accident, or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used as before, provided that:
(a) 
The reconstructed building shall not exceed the dimensions of the damaged or destroyed building, including height, width, depths, and volume.
(b) 
Building reconstruction shall be started within one year from the date the building was damaged or destroyed, and shall be carried out without interruption.
(c) 
The building will pose no hazards to safety by virtue of its location.
(5) 
Legally condemned nonconforming buildings shall not be rebuilt or used except in conformance with this chapter.
F. 
Contiguous Undeveloped Lots. Where two or more contiguous undeveloped lots are held in single ownership, within a subdivision which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots shall be considered merged, and may only be developed in accordance with the minimum lot area and frontage requirements of that district.
G. 
Nonconforming Lots. This paragraph shall apply only where Subsection 1.F does not apply. This paragraph shall only apply to lawfully existing nonconforming lots. A new principal building shall only be constructed or placed on a nonconforming lot if special exception approval is granted by the Zoning Hearing Board. Any other permitted by right structures and uses may be built, developed or expanded on a nonconforming lot, provided all other requirements of this chapter are met.
H. 
Nonconforming Structure or Building. Except as otherwise authorized or required by Subsection 1.E(4), relating to buildings destroyed by calamity, the Zoning Officer shall permit a nonconforming structure or building to be reconstructed or expanded provided:
(1) 
That such action will not increase the severity or amount of the nonconformity (such as the area of the structure extending into the required yard) or create any new nonconformity (such as the areas of the structure extending into the required yard) or create any new nonconformity.
(2) 
That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter.
[Ord. No. 353, 6/19/1991, § 703]
1. 
In all matters pertaining to nonconforming status, the Zoning Officer shall make the initial determination.
2. 
The Zoning Officer may seek the advice of the Borough Planning Commission, Borough Solicitor, and/or others in making a determination.
3. 
If it cannot be determined by means of positive documentation that a use or structure was in lawful existence at the time an ordinance or amendment would have rendered it nonconforming, the Zoning Officer must refuse to confer nonconforming status.
4. 
If the applicant disagrees with the Zoning Officer's determination, the applicant may appeal to the Zoning Hearing Board as provided by law.