A.
Within the districts established by this chapter or amendments thereto,
there exist certain uses, structures and lots that were lawful before
this chapter was enacted or amended but which do not conform to the
provisions of this chapter or amendment thereto. These uses, structures,
or lots are referred to as "nonconformities."
B.
The regulations governing existing nonconforming uses, structures
and lots are set forth in this article and are intended to provide
a gradual remedy for undesirable conditions resulting from such nonconformities.
While such nonconformities are generally permitted to continue and
their maintenance and improvement is encouraged, these regulations
are intended to limit future increases in their degree of nonconformity
and to encourage their gradual reduction.
All structures, lots, uses of structures, and uses of land that
do not conform to the regulations of the district in which they are
located after the effective date of this chapter or amendment thereto
shall be regarded as nonconforming and may be continued so long as
they remain otherwise lawful, including subsequent sales of property.
Such uses must comply with all safety-related and other applicable
regulations.
The nonconforming use of a building shall ordinarily not be extended or enlarged, and a nonconforming building shall not be enlarged or structurally altered unless required by law to assure structural safety of the building. A nonconforming use or structure may be extended, enlarged or altered when so authorized as a special exception, provided that the following conditions are met and a permit is obtained as per § 182-150A:
A.
It is clear that such enlargement or extension is not materially
detrimental to the health, safety, and welfare of the surrounding
area.
B.
The proposed enlargement or extension only occurs on the tract where
the nonconformity is currently located.
C.
The area devoted to the nonconforming use shall not be increased
by more than 25%. The nonconforming structure shall not be increased
by more than 25% of its cubic content.
D.
Any extension or enlargement of a building shall conform to the area,
height and setback regulations of the district in which it is located.
E.
Not more than one extension or enlargement to a nonconforming use
or structure shall be granted to any given parcel.
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another equally restrictive or more restrictive
nonconforming use, subject to the following conditions:
A.
The applicant shall show that the proposed change will be no more
objectionable in external effects than the existing nonconforming
use or will be more appropriate than the existing nonconforming use
with regard to:
Where a nonconforming use is conducted entirely on unenclosed
premises, no structure to house or enclose such use whether or not
such structure would otherwise conform to zoning regulations, shall
be allowed on the premises.
If a nonconforming use is abandoned, as defined in Article II, the subsequent use of such a building or land shall conform to the regulations of the district in which it is located unless the Zoning Hearing Board approves another nonconforming use. In the latter case, such approved use shall be initiated within two years after the prior use had been officially designated as abandoned.
A nonconforming structure which is destroyed or damaged by fire
or other casualty or act of God may be restored to its condition and
footprint prior to the occurrence, provided that:
A.
The restored structure shall not increase the degree of nonconformity
of the original structure and shall meet all other bulk and area and
use requirements of the zoning district within which it is located.
B.
Reconstruction of the structure shall commence within 1 1/2
years from the date the structure was destroyed or condemned, unless
the Zoning Hearing Board shall authorize a special exception for an
extension of this time limit.
C.
Reconstruction of a nonconforming structure shall be completed with
one year of commencement unless the Zoning Hearing Board shall authorize
special exception for an extension of this time limit.
A.
If a nonconforming structure becomes physically unsafe due to lack
of repairs and maintenance and is declared by the Zoning Officer or
other Borough official charged with protecting the public safety to
be unsafe by reason of physical condition, it shall not thereafter
be restored or repaired except to conform or more closely conform
to the regulations of the district in which it is located.
B.
Nothing in this chapter shall be construed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by the Zoning Officer or other official charged with
protecting the public safety.
A lot which does not contain the required minimum area or width
as of the effective date of this chapter, may be used for the construction,
alteration or reconstruction of a building or may be otherwise used
if the construction, alteration, reconstruction or other use is in
compliance with the use, yard, setback and other pertinent provisions
of this chapter.
No lot area shall be so reduced that the area of the lot or
the dimensions of the open space shall be smaller than herein prescribed.
Regulations pertaining to nonconforming signs can be found in Article XIII.
The Building Inspector shall prepare, or cause to be prepared,
an ongoing list of nonconforming uses, structures, lots, and signs
in the Borough beginning from the adoption of this chapter.
Whenever a lot is sold a previously lawful nonconforming use
may be continued by the new owner.
A nonconforming structure altered or a nonconforming use created in violation of any previous provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 182-131 upon other nonconforming structures and uses.
