[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:
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.
[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.