[Ord. 498, 9/13/2016, § 901]
The purpose of this Part is to regulate nonconforming uses, nonconforming buildings and structures, nonconforming lots and nonconforming signs. The zoning districts established by this Chapter are designed to guide the future use of the Borough's land by encouraging the development of desirable residential, commercial and other uses with appropriate groupings of compatible and related uses that promote and protect the public health, safety and general welfare. The regulations of this Part are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood.
[Ord. 498, 9/13/2016, § 902]
1. 
Continuation of Nonconforming Use. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this Section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed.
2. 
Change of Nonconforming Use to Conforming.
A. 
Whenever any nonconforming use shall have been changed or altered so as to conform to the provisions of this Chapter or its amendments, then such nonconforming use shall no longer be nonconforming to the extent to which it then conforms to this Chapter or its amendments.
B. 
The prior nonconforming use shall not be resumed; provided, however, that if a later amendment to this Chapter should make the use as so changed or altered nonconforming with its provisions, then such use as changed or altered shall become a new nonconforming use to the extent of such nonconformance or noncompliance.
3. 
Expansion or Extension of Nonconforming Use.
A. 
No nonconforming use may be extended or expanded in any building or structure, or in or on the lot on which it is located, nor may any nonconforming use be moved to a different position upon the lot on which it is located, so as to alter the use or its location which existed at the time that the use became nonconforming.
B. 
No such nonconforming use shall be enlarged or increased or extended to occupy a greater lot area than was occupied at the effective date of adoption or amendment of this Chapter, unless the Zoning Hearing Board shall interpret that the enlargement or extension is necessary by the natural expansion and growth of trade of the nonconforming use. For the purposes of determining if an enlargement or expansion of nonconforming use meets this requirement, the applicant shall file an application for special exception pursuant to the requirements of Part 4 of this Chapter. The applicant must meet all the applicable requirements and criteria of Part 4 in addition to providing evidence that the enlargement or extension is necessitated by the natural expansion and growth of trade of the nonconforming use.
C. 
Whenever a use district shall be hereafter changed by a duly adopted amendment to this Chapter, then any existing legal, nonconforming use of such changed district may be continued, and such use may be extended throughout the structure.
4. 
Abandonment or Discontinuance of Nonconforming Uses.
A. 
The lawful use of the land existing at the time this Chapter or any of its amendments was adopted, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is abandoned for a period of one year, any future use of said land shall conform to the provisions of this Chapter.
B. 
Any subsequent use shall conform to the applicable provisions of this Chapter or its amendments and the prior nonconforming use shall not be resumed, unless in accordance with the applicable provisions of this Chapter or its amendments.
5. 
Nonconforming Accessory Uses and Structures. No use, structure or sign that is accessory to a principal nonconforming use shall continue after such principal use or structure has been abandoned or removed, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.
1. 
Continuation of Nonconforming Buildings or Structures. Any nonconforming building or structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this Section.
2. 
Structural Alteration of Nonconforming Buildings or Structures. A lawful nonconforming use of a building or structure existing at the time of the adoption of this Chapter or an amendment hereto may be structurally altered. Such alteration shall not expand its nonconformity in areas not previously occupied by the nonconforming use unless meeting the requirements of expansion and extension of nonconforming uses as required in this Chapter. No parking, yard, space or bulk nonconformity may be created or increased.
3. 
Changes to Nonconforming Buildings or Structures to Conforming.
A. 
Whenever any nonconforming building or structure shall have been changed or altered to conform to the provisions of this Chapter or its amendments in effect at the time of such change or alteration, or whenever any amendment to this Chapter shall make such building or structure conforming with the provisions of this Chapter or its amendments, then such building or structure shall remain in conformance with the applicable provisions of this Chapter or its amendments.
B. 
If a later amendment to this Chapter should make the building or structure as changed or altered nonconforming with its provisions, then the building or structure as changed or altered will become a non-conforming building or structure to the extent of such nonconformance or noncompliance.
4. 
Damage or Destruction of Nonconforming Buildings or Structures.
A. 
When a building or structure is damaged or destroyed by any means not within the control of the owner, to the extent of 50% or more of the cost of replacement of the structure, the structure shall not be restored unless it thereafter conforms to the regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
B. 
When a structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 49% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; provided, however, that no parking, yard, space or bulk nonconformity is created or increased.
C. 
In no event shall any damage or destruction to such a structure by any means within the control of the owner be repaired or restored, except in accordance with this Section.
5. 
Expansion or Extension of Nonconforming Buildings or Structures.
A. 
No nonconforming building or structure may be extended on the lot on which it is located, nor may any nonconforming building or structure be moved to a different position upon the lot on which it is located, except to a position in conformity with the current codes.
B. 
Legal nonconforming residential structures may be expanded up to 100 square feet to allow for necessary accessibility improvements.
C. 
Whenever a use district shall be hereafter changed by a duly adopted amendment to this Chapter, then any existing legal, nonconforming structure of such changed district may be continued, and such use may be extended throughout the structure.
D. 
Structures that are nonconforming on the effective date of this Chapter that already encroach on a required setback can extend that encroachment and not be considered an expansion of the nonconforming structure subject to the following:
(1) 
The structure is only extended on a parallel plane of the existing nonconforming encroachment and does not extend any closer to a property line.
(2) 
The extension is no more than 25% of the length of the side of the existing nonconforming structure on the side of the encroachment.
(3) 
A determination is made by the zoning officer that there is no impact to immediately adjacent property. If any uncertainty exists regarding impacts to immediately adjacent properties the zoning officer may refer the request to the Zoning Hearing Board for an interpretation.
6. 
Repairs, Renovation and Modernization of Nonconforming Buildings or Structures.
A. 
Repairs, renovations and modernization of nonconforming buildings or structures, such as renewal or replacement of outer surfaces, windows, addition of soundproofing materials, air conditioning and repair or replacement of structural parts or members of the building or structure shall be permitted notwithstanding other provisions of this Chapter.
B. 
Such repairs, renovations, or modernizations are allowed provided they do not change or alter substantially the physical configuration of the nonconforming building or structure or change its position on the ground.
C. 
No increase in the size of or area covered by the nonconforming use or area of the use within the building or structure is allowed except as provided for in this Chapter. The areas of nonconforming use within a building or structure may be rearranged in connection with such repairs, renovation, or modernization, provided that no enlargement or expansion of the nonconforming use occurs.
[Ord. 498, 9/13/2016, § 904]
1. 
In any district in which single-family dwellings are a use by right, notwithstanding the regulations imposed by any other provisions of this Chapter, a single-family detached dwelling which complies with the yard, space and bulk requirements of the district in which it is located may be erected on a nonconforming lot adjacent to an improved street. Nothing in the requirements of this Chapter relating to lot area per dwelling unit shall be held to prohibit the erection of a single-dwelling unit upon a lot having less than the required street frontage or the area of which is less than that prescribed as the lot area per dwelling unit, provided that such lot, at the time of the passage of this Chapter, was held under separate ownership from any adjoining lots or provided that, at the time of the passage of this Chapter, a recorded plan of lots or subdivision of property shows such lot to be a separate and distinct numbered lot.
2. 
In any district in which single-family dwellings are not permitted, a nonconforming lot of record may be used for any use by right in the district in which it is located if land development approval is granted in accordance with the provisions of this Chapter.
[Ord. 498, 9/13/2016, § 905]
Subject to the limitations and termination provisions hereinafter set forth, any lawfully existing nonconforming sign may be continued so long as it otherwise remains lawful after the effective date of this Chapter:
1. 
Alteration or Moving. A nonconforming sign of any type may not be moved to another position or location upon the building, structure or lot on which it is located, nor may the size or area of such nonconforming sign be changed or its structure or construction changed unless such changes are to change the face of the sign.
2. 
Damage, Destruction or Replacement. Whenever any nonconforming sign has been damaged or destroyed by any means to the extent of 50% of its market value at the time of destruction or damage, such sign shall not be restored or replaced, unless it conforms to all provisions of this Chapter. Damage only to the face of a sign shall not be construed to constitute 50% of its market value, and the sign face may be replaced.
3. 
Abandonment. If use of a nonconforming sign is abandoned or interrupted for a continuous period of more than 180 days, then such nonconforming sign together with its panel cabinet, supports, braces, anchors, and electrical equipment shall be removed within 14 days from the end of the aforesaid period and the use of such sign shall not be resumed except in accordance with the provisions of this Chapter.
4. 
Health, Safety, Welfare. If any sign or supporting structure subject to the regulation of the provisions of this Chapter constitutes a threat to health, safety or welfare of the area surrounding said sign or has been constructed, installed or maintained in violation of any provision of this Chapter, the Borough Zoning Officer shall give written notice to the person or entity who owns or is maintaining such sign. If the owner or entity maintaining such sign fails to modify the sign so as to comply with the provisions of this Part within 20 days after the date of said written notice from the Zoning Officer, then the Zoning Officer and other borough officials shall take steps as necessary to promptly have said sign brought into compliance with this Chapter up to and including removal of the sign to comply with this Chapter.
[Ord. 498, 9/13/2016, § 906]
In the course of administering and enforcing this Chapter and reviewing applications for zoning certificates, temporary use permits, sign permits or variances, the Zoning Officer may register nonconforming uses, nonconforming structures and nonconforming lots as they become known through the application and enforcement process. Registration and proof of nonconforming uses, structures and lots shall be the burden of the property owner.