All lawful uses of land or of a building, sign, or other structure
existing on the effective date of this chapter may be continued, altered,
reconstructed, changed, sold, or maintained, even though such use
may not conform to the use, height, area, yard, and other regulations
of the district in which it is located, provided such nonconforming
conditions shall comply with the following.
A.
The Codes Enforcement Officer shall identify and register all nonconforming
uses and nonconforming structures. Evidence of such registration,
upon request, shall be provided to the owner of record of any nonconforming
use or nonconforming structure in the form of a certificate of nonconformance
issued by the municipality. The nature of the nonconformity shall
be described and made a matter of public record.
The Borough Council may authorize as a conditional use the following
types of extensions and enlargement for nonconforming uses and buildings
existing on the effective date of this chapter:
A.
The extension of a nonconforming use of land upon a lot occupied
by such use.
B.
The extension or enlargement of a conforming building occupied by
a nonconforming use by not more than 50% of the gross first floor
area.
C.
The extension or enlargement of a nonconforming building occupied
by a nonconforming use by not more than 50% of the gross first floor
area.
D.
The extension or enlargement of a nonconforming building occupied
by a conforming use by not more than 50% of the gross first floor
area.
E.
The foregoing extensions or enlargements shall be subject to the
following conditions:
(1)
The extension or enlargement shall conform to the height and yard
regulations of the district in which it is located.
(2)
The extension or enlargement of the building or use shall be provided with off-street parking and loading spaces as required by Article VIII, Off-Street Parking.
(3)
The extension or enlargement does not replace a conforming use.
The Zoning Hearing Board may authorize a nonconforming use to
be changed to another nonconforming use of the same or more restricted
classification, or to a conforming use, provided such use shall not
hereafter be changed to a use of less restricted classification.
If a nonconforming use of a building or land ceases or is discontinued
for a continuous period of one year or more, subsequent use of such
building or land, including nonconforming business identification
signs, shall be in conformity with the provisions of this chapter,
except when the discontinuance is due to a death and the settling
of the estate. In such cases, the discontinuance shall not be presumed
to start until the estate is settled or a court order concerning the
disposition of the estate has been entered.
On a lot of record existing at the effective date of this chapter
which does not meet the regulations for a minimum lot width and area
for the district in which it is located, a building may be erected,
altered or used, provided that:
A.
On lots of less than 50 feet in width at the building line, construction
or alterations may be permitted with Borough Council authorization,
provided that the yard and coverage requirements for the district
are complied with.
B.
On lots of less than 50 feet in width at the building line, construction or alterations may be authorized by the Borough Council, provided that the yard and coverage requirements for the district are complied with, except that, the Codes Enforcement Officer has the authority to issue permits for utility or storage shed, private swimming pools and private garages, provided that they comply with Article III, § 475-9, Height regulations.
