Any nonconforming use or structure legally existing at the time
of the adoption of this chapter may be continued, altered, reconstructed,
changed, sold, or maintained even though it does not conform to the
regulations of the district in which it is located, as provided below.
It is the intent of this chapter to permit these nonconformities to
continue until they are removed. The Codes Enforcement Officer may
identify and register the nonconforming uses and structures existing
as of the effective date of this chapter, in order to determine the
right to continue said use.
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use. If the building
is damaged by fire, flood, or other natural causes, it may be reconstructed,
restored, or used as before, provided that:
A. Work shall commence within one year of the damage.
B. Reconstruction shall not exceed the size, bulk, and area that existed
prior to the damage, unless approved by the Zoning Hearing Board.
C. If the nonconformity is located within the one-hundred-year floodplain, new construction shall comply with all of the floodproofing requirements contained Chapter
218, Floodplain Management.
D. If the nonconformity is located within the floodplain, reconstruction
may not cause any increase in elevation of the one-hundred-year flood.
If any nonconforming use or structure is abandoned for a period
of one year, the future use of such building or land shall be in conformity
with the district regulations.
Extension, alterations, and additions may be made to nonconforming
structures or uses, provided that they do not extend the use or structure
by more than 50% of the area occupied by such use at the effective
date of this chapter; the Zoning Hearing Board approves such proposed
expansion; and provided further that any extensions shall conform
to the regulations of the district in which it is situated and, in
the case of a nonconforming use, be immediately adjacent to the existing
nonconforming use.
A nonconforming structure which has been damaged or destroyed
by fire or other causes to an extent of not more than 75% of its market
value or a nonconforming structure which has been condemned may be
reconstructed, provided:
A. Reconstruction shall not exceed in height, area, and volume the structure
destroyed or condemned.
B. Reconstruction shall commence within one year from date the structure
was destroyed or condemned and shall be carried on without interruption.
For nonconforming uses whose normal operations involve natural
expansion, expansion shall be permitted by right up to 50% of the
volume or area of the nonconformity. For expansion beyond 50%, a special
exception shall be required from the Zoning Hearing Board.
A nonconforming use of a building or land may be changed to
a nonconforming use of the same or a more restricted classification.
Whenever a nonconforming use of a building or land has been changed
to use of a more restricted classification or to a conforming use,
such use shall not thereafter be changed to a use of a less restricted
classification.
If the Borough or county acquires title to any property by reason
of tax delinquency and such property is not redeemed and is sold as
provided by law, the future use of such property shall be in conformity
with all provisions of this chapter.