[Ord. 75-1, 1/6/1975; as amended by Ord. 1991-1, 3/15/1991;
and by Ord. 10.02.2007.02, 10/2/2007, §§ 1 —
6]
1. Continuation of Use. Any use, building, or structure, lawfully in
existence at the effective date of this chapter, or any amendment
thereto, may be continued as a nonconformity, except as otherwise
provided in this chapter.
2. Regulation of Nonconforming Uses, Buildings and Structures. Any existing
nonconforming building or structure, or any conforming building, structure,
or premises devoted to a nonconforming use can only be enlarged, extended,
expanded, reconstructed, replaced or structurally altered if it is
being changed to a conforming use, when required to do so by law or
by an order, or permitted herein, and only as follows:
A. Restoration of a Building or Structure. Any nonconforming building
or structure, damaged or destroyed by fire or other casualty, may
be repaired, reconstructed and used as before, provided that the volume
of such use, building, or structure shall not exceed the volume that
existed prior to the damage, destruction, or casualty by more than
25%, is allowed one time only, and provided, that any nonconformities,
such as setbacks, are not further enlarged.
B. Displacement. A nonconforming use shall not be extended to displace
or replace a conforming use.
C. Change of Use.
(1)
A nonconforming use or structure shall not be changed into another
nonconforming use, according to the classifications of uses pertinent
to the zoning district in which it is located.
(2)
A nonconforming use may be changed into a conforming use.
(3)
When a nonconforming use is changed, the use of the building,
structure, or tract of land shall not thereafter be changed again
to a nonconforming use.
D. Repairs.
(1)
Maintenance, repairs and incidental alteration of a nonconforming
building or structure, or any building or structure containing a nonconforming
use is permitted, provided that the same does not extend the area
or volume of space occupied by the nonconforming use or structure
by 25%, the extension, if any, is allowed one time only, and the extension,
if any, shall otherwise comply with all of the restrictions in the
district in which it is located.
(2)
A conforming building or other structure containing a nonconforming
use may be altered, provided that no structural alterations are made
that increase the number of dwelling units or the volume of space
occupied by the nonconforming use by 25%, the increase is allowed
one time only, and shall in other respects comply with all the restrictions
in the district in which it is located.
E. Replacement. A building or other structure containing a nonconforming
use can be razed and replaced provided that the replacement does not
extend the area or volume of space occupied by the nonconforming use
by 25% for one time only and shall comply with all of the restrictions
in the district in which it is located.
F. Miscellaneous. If a nonconforming building or structure has an overhang
or roof line that encroaches onto an adjacent landowners property,
said replacement of such structure or building shall require the removal
of said encroachment.
3. Termination of Nonconforming Uses, Abandonment. The discontinuance
of a nonconforming use for a period of one year is considered actual
abandonment. Such abandoned use shall not be permitted to be revived.
"Abandonment," as used herein, requires intent to abandon and actual
abandonment.
4. Expansion.
A. A nonconforming use, building or structure can only be expanded one
time and shall not exceed 25% of its volume as it existed at the time
of the adoption of this chapter. Said expansion cannot occur into
a more restrictive district than where it is located, and shall not
occur unless it is in accordance with all of the requirement applicable
to the same.
B. Regardless of any other provision, nonconforming as to side yard
setbacks, may not be enlarged.
5. Restrictions of Nonconforming Use. The Zoning Officer is permitted
to identify and register nonconforming uses and nonconforming structures
as provided in the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq.
6. Zoning Officer Discretion. All expansions, extensions, alterations
or replacements, as permitted herein, can be denied, if at the discretion
of the Zoning Officer, said expansion, extension, replacement or alterations
causes a problem with site distance, or a risk of public health and/or
safety.