[Ord. 738, 8/18/2009]
Subject to the provisions of this Article, a nonconforming lot,
nonconforming structure or nonconforming use may be continued even
though it does not conform to the provisions of this Ordinance for
the district in which it is located. The Zoning Officer may keep and
maintain a list of all nonconforming lots, structures or uses existing
at the time of the passage of this Ordinance, its predecessors or
amendments thereto.
[Ord. 738, 8/18/2009]
The following provisions shall apply to all nonconforming uses.
A. Continuation and Change. A nonconforming use may be sold or otherwise
transferred to other owners and may be continued, but shall not be
changed in use unless to a conforming use.
B. Enlargement or Expansion.
(1)
Where a nonconforming use is conducted inside a building or
structure, the floor area of the structure and the nonconforming use
within it may be enlarged when permitted by the Joint Planning Commission
in accordance with Article VI of this Ordinance.
(2)
Any nonconforming use may be extended by 25% throughout any
part of a structure which was designed for such use at the time the
use became nonconforming; however, a nonconforming use shall not be
extended to occupy any structure or portion of a lot, except on a
lot or portion of a lot owned at the time the use became nonconforming.
This shall be approved by the Joint Planning Commission according
to this Ordinance.
(3)
This subsection shall not apply to signs.
C. Damage and Reconstruction. Any structure which accommodates or supports
an officially recognized nonconforming use which is damaged by fire,
flood, explosion or other casualty may be reconstructed and used as
before if such reconstruction is initiated and diligently pursued
within 12 months of such casualty and if the restored structure has
no greater lot coverage and contains no greater volume than before
such casualty.
D. Abandonment. In the event that any nonconforming use conducted in
a structure or on a lot is abandoned for a period of 12 consecutive
months or longer, such nonconforming use shall be deemed to be abandoned
and shall not be resumed. Once the nonconforming use is abandoned,
the building, structure and/or lot shall not be used except in conformance
with the regulations of the Zoning District in which it is located.
[Ord. 738, 8/18/2009]
The following provisions shall apply to all legally existing
nonconforming structures, as defined by this Ordinance, in all Zoning
Districts.
A. Structural Alteration. No such structure may be enlarged or structurally
altered in a way that increases its nonconformity, except when the
applicable Zoning Hearing Board, after a public hearing, may determine
undue hardship and may authorize a reasonable modification of such
structure.
B. Damage or Destruction. Any nonconforming structure which has been
partially or completely damaged or destroyed by fire or other means
may be rebuilt or repaired on its existing foundation even though
such foundation may violate the setback requirements for the Zoning
District in which the structure is located, provided that the repair
or reconstruction and re-occupancy of the structure occurs within
12 months of the date that the original structure was damaged or destroyed.
C. Moving. Should a nonconforming structure be moved for any reason
for any distance, it shall thereafter conform to the requirements
of the Zoning District in which it is located.
D. Legally Recognized Signs.
(1)
Nonconforming signs may be repaired or reconstructed, provided
that no structural alterations are made which increase the gross surface
area of the sign; however, nonconforming signs which are damaged or
destroyed to an extent of more than 75% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this Ordinance.
(2)
Nonconforming signs may not be enlarged, added to or replaced
by another nonconforming sign, use or structure, except that the interchange
of poster panels shall be permitted.
E. Repair or Maintenance. Nothing in this Ordinance shall be deemed
to prevent the strengthening or restoring to a safe condition of any
structure or part thereof declared to be unsafe by any official charged
with protecting public safety.
[Ord. 738, 8/18/2009]
The following regulations shall apply to all non-conforming
lots, as defined by this Ordinance, in any Zoning District.
A. Any legally recorded lot or subdivision existing at the effective
date of this Ordinance may be developed in accordance with the requirements
of Article IV.
B. No division of any lot shall be made which does not comply with the
requirements of this Ordinance. Any change in lot lines necessary
to meet the minimum requirements of this Ordinance shall constitute
a revision to the recorded plan and shall meet all applicable Borough
requirements.
C. Any legally recorded lot or subdivision existing at the effective
date of this Ordinance and held in separate ownership different from
the ownership of adjoining lots may be developed in accordance with
the requirements of Article IV. Where two or more adjacent lots of
record with continuous frontage have less than the required area and
width and are held by one owner, the lot shall be considered to be
an undivided lot for the purpose of complying with this Ordinance.
D. When the side and/or rear yards of any developed legally existing
nonconforming lot(s) are less than the minimum allowable dimensions,
any adjacent undeveloped nonconforming lot shall have the average
depth of the nonconforming side and/or rear yards.