A.
Purpose.
(1)
It is the purpose of this article to recognize that if, prior to
the adoption of the original Milford Borough Zoning Ordinance, as
amended, reenacted and replaced, property was used for a then lawful
purpose or in a then lawful manner which such Zoning Ordinance would
render thereafter prohibited and nonconforming, such property is generally
held to have acquired a vested right to continue such nonconforming
use or nonconforming structure. Nevertheless, this does not preclude
the Borough from regulating the change, alteration, reconstruction,
reestablishment, extension, destruction, and abandonment of nonconforming
uses in accord with the Pennsylvania Municipalities Planning Code
and general case law.
(2)
It is also the purpose of this article to limit the injurious impact
of nonconforming uses and/or structures on other adjacent properties
within a particular district and the community as a whole while recognizing
that the change, alteration, reconstruction, reestablishment, or extension
of nonconforming uses and/or structures may not be contrary to the
public interest or the general purpose of this chapter, when failure
to allow such change, alteration, reconstruction, reestablishment,
or extension would itself lead to neighborhood or district deterioration.
(3)
It is further the purpose of this article to prescribe those standards
which are to be applied by the Borough in determining the reasonableness
of a proposal to change, alter, reconstruct, reestablish, or extend
a nonconforming use. The following are regulations which shall apply:
B.
Applicability. The provisions and protections of this Article IX shall apply only to those nonconforming lots, structures and uses which legally pre-existed the applicable provisions of this chapter or which are recognized by § 312-51 or 312-52 of this Article IX. Any lot, structure or use created, constructed or established after the effective date of the original Zoning Ordinance, as amended, reenacted and replaced, which does not conform to the applicable requirements shall be considered an illegal lot, structure or use subject to the penalties prescribed by this chapter; and, the said lot, structure or use shall not be entitled to any of the protections afforded to legal, preexisting nonconforming lots, structures or uses.
C.
Registration. It shall be the responsibility of the party asserting
a nonconformity to provide the evidence that the nonconformity is
legal. A property owner may request a written statement of nonconformity
from the Zoning Officer after providing sufficient evidence. The Zoning
Officer may submit any application for a Certificate of Nonconformance
to the Planning Commission for its review and recommendation with
regard to the evidence of nonconformity.
D.
Sale, continuation and change. A lawful nonconforming lot, structure
or use as defined by this chapter may be continued and if sold, be
continued by the new owners. Any expansion, alteration, extension
or change in a nonconformity shall only proceed in compliance with
this article.
As used in this section, the following terms shall have the
meanings indicated:
Any lot which does not conform with the minimum width, depth
and area dimensions specified for the District where such a lot is
situated, such lot having been created and recorded in the office
of the County Recorder of Deeds prior to the effective date of the
original Milford Borough Zoning Ordinance, as amended, reenacted and
replaced.
A structure or part of a structure which does not comply
with the applicable district limitations on structure size and location
on a lot, where such structure lawfully existed prior to the adoption
of the original Milford Borough Zoning Ordinance, as amended, reenacted
and replaced; and including, but not limited to, nonconforming signs.
As applied to a nonconforming structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
The rebuilding of a nonconforming structure damaged or destroyed
by casualty to the exact or less nonconforming condition which existed
prior to the casualty.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
thereto, where such use was lawfully in existence prior to the adoption
of the original Milford Borough Zoning Ordinance, as amended, reenacted
and replaced.
The conversion of a nonconforming use to a different use
classification as enumerated on the Schedule of Uses of this chapter.
The expansion of a nonconforming use throughout the structure
which the said use partially occupies; or, the expansion of a nonconforming
use onto property not already occupied by the said use.
The reopening or re-initiation of a nonconforming use which
has been discontinued by the owner of the said use, such reopening
effected prior to the abandonment of the nonconforming use as determined
under the provisions of this chapter.
For the purposes of this Article IX, a building, structure or use, legally permitted, planned and substantially under construction in compliance with existing ordinances prior to the effective date of this chapter, or any amendment hereto, and completed within a one-year period after the effective date of this chapter or amendment thereto, shall be considered nonconforming.
A building, structure or use allowed by variance in a district
where it is nonconforming with any regulations of this chapter shall
be considered nonconforming for the purposes of this chapter.
A.
Normal maintenance and repair. Normal maintenance and repair, such
as painting, replacement of siding, and similar activities, is allowed,
as well as those interior renovations which do not structurally alter
the building or area or result in increased use of the building or
area, or a change of nonconformity, or otherwise create more incompatibility
with the surrounding permitted uses. Such maintenance and repair activities
shall, however, comply with all other applicable standards and permit
requirements of this chapter.
B.
Conforming use or building on a nonconforming lot.
(1)
Any conforming use or building on a nonconforming lot may be repaired,
maintained, restored or rebuilt to the same dimensions existing at
the time that the use or building was originally constructed or started.
(2)
Any enlargement or addition to any conforming use on a nonconforming
lot must comply in all respects with the regulations of this chapter,
except that in the case of any enlargement or addition of buildings
legally existing at the effective date of this chapter, the maximum
building coverage requirements of the Schedule of Development Standards
shall not apply, provided, however, that all of the off-street parking
and loading requirements of this chapter shall be complied with. In
such a case the maximum building coverage shall not exceed 80% for
commercial and manufacturing buildings or 60% for residential buildings.
A.
Special exceptions; standard.
(1)
Special exceptions. All changes of nonconforming uses shall be considered special exceptions subject to the specific procedures and review criteria for special exceptions and the review factors in § 312-60.
(2)
Standard. A nonconforming use may only be changed to a use of equal or less nonconformity (i.e., more restrictive classification) as determined by the Planning Commission and Council in accord with the classification in the Schedule of Uses in Article IV. The general standard shall be that no change of a nonconforming use shall be permitted if such change will result in the establishment of a use which is materially different from the existing use in terms of negative effects on the community and the long term application of the Zoning Ordinance to eliminate incompatible uses from specific Districts. For example, a change from a nonconforming retail store in the R-1 District to a bank may be permitted; however, a change to a manufacturing use would not be permitted.
B.
Conforming changes and conversions.
(1)
Change. A change in a nonconforming use to a conforming use shall
not be considered a special exception unless the proposed use is classified
as a special exception by the Schedule of Uses in this chapter. A
change of a nonconforming use to a conforming use shall be considered
an abandonment of the nonconforming use which shall not thereafter
revert to a nonconforming use.
(2)
Conversion. The conversion of a nonconforming use to a nonconforming
use of like classification shall not be considered a special exception.
For example, a nonconforming retail establishment selling groceries
proposed for conversion to a shoe store would not be considered a
change in nonconforming use.
C.
Other standards. All changes to nonconforming uses shall also be
subject to all other applicable standards in this chapter.
[Amended 10-6-2008 by Ord. No. 394]
A.
Special exceptions. All enlargements of nonconforming uses into more area of a structure or onto more area of property shall be considered special exceptions subject to the specific procedures and review criteria for special exceptions and the review factors in § 312-60 of this article.
B.
Enlargement onto other properties of record in the same ownership.
A nonconforming use may only be extended onto a new property of record
if that property is contiguous to the existing location, the properties
were both under the same ownership as of the effective date of this
chapter, the owner has clearly exhausted the alternatives available
for expansion on the existing property, and the use is not one which
has been altogether prohibited as a new use under this chapter.
C.
Enlargement limitation. A nonconforming use shall not be enlarged
by more than 50% beyond the area of land or structure legally occupied
by the use. Such enlargement shall not result in an increased nonconformity
of setback, height, lot coverage or other area or bulk standard.
D.
Increase in area or bulk nonconformity. In the case where a proposed
enlargement of a nonconforming structure will result in an increased
nonconformity of setback, height, lot coverage or other area or bulk
standard, a variance shall be required from the Zoning Hearing Board.
E.
Prohibited enlargements. If the use proposed for enlargement is deemed
by the Borough to be one similar to such a use or of such a nature
as to impose health, safety, or welfare concerns which cannot be satisfied
by the imposition of the conditions permitted under this chapter,
the requested enlargement shall be denied. The Borough shall consider
past operating performance in making its decision.
A.
Time limit. If any nonconforming structure or use is damaged or razed,
it may be restored or reconstructed to its preexisting condition of
nonconformity (but no increase in nonconformity), provided the application
for a building permit is submitted within 12 months of the date of
the casualty or razing; and, it complies with all other applicable
ordinances (e.g., flood regulations).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If a nonconforming use of land or structure ceases operations,
is discontinued, is vacated or is otherwise abandoned for a period
of 12 months or more, then this shall be deemed to be an intent to
abandon such nonconforming use, and any subsequent use of the land
or structure shall be for conforming purposes only and said use shall
in all respects conform to the applicable provisions of this chapter.
The Zoning Officer may notify, in writing, the title owner of the
land and/or structure that the twelve-month period has expired. A
change of a nonconforming use to a conforming use shall be considered
an abandonment of the nonconforming use which shall not thereafter
revert to a nonconforming use.
[Amended 10-6-2008 by Ord. No. 394]
A.
Alterations. The alteration or expansion of nonconforming structures shall be permitted only in accord with this § 312-58.
B.
Procedure - permits. All applicable permits for the alteration or expansion of a nonconforming structure shall be required. Such alteration or expansion shall be considered a special exception if the alteration or expansion involves a change or enlargement of a nonconforming use as regulated by §§ 312-54 and 312-55, respectively.
C.
Increase in area or bulk nonconformity. In the case where a proposed
alteration or expansion of a nonconforming structure will result in
an increased nonconformity of setback, height, lot coverage or other
area or bulk standard, a variance shall be required from the Zoning
Hearing Board.
D.
Increase in area or bulk nonconformity. In the case where a proposed
alteration or expansion of a nonconforming structure will result in
an increased nonconformity of setback, height, lot coverage or other
area or bulk standard, a variance shall be required from the Zoning
Hearing Board.
[Amended 12-7-2009 by Ord. No. 403; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
In any district where a nonconforming lot exists, development
of the nonconforming lot shall be permitted if the applicant can present
evidence that any proposed development on the nonconforming lot shall
conform to all minimum yards, height of building, lot coverage and
other applicable regulations as prescribed by the Schedule of Development
Standards and this chapter. A variance shall be required for any proposed
development of a nonconforming lot which is not in compliance with
chapter requirements. In addition, any proposed development requiring
on-lot sewage disposal must produce evidence that the nonconforming
lot qualifies to receive a sewage disposal permit and that this lot
meets the minimum state standards and requirements for safe and healthy
disposal of such waste. The burden of proof for all aspects of this
application rests with the applicant.
In addition to other applicable standards, the Borough shall
consider any nonconformity special exception application in terms
of the effect on the following factors:
A.
Traffic generation.
B.
Noise, dust, fumes, gases, odor, glare, vibration, fire and explosion
hazards and other nuisances.
C.
Amount and nature of outdoor storage.
D.
Hours of operation.
E.
Compatibility with the character of the surrounding neighborhood.
F.
Potential of the expansion to reduce existing congestion and alleviate
parking shortages by improved site design, addition of parking and
improved loading areas.
Certain types of nonconforming uses or structures which present a special nuisance or hazardous condition shall be terminated in accord with this § 312-61. Upon a complaint registered by the Zoning Officer, which use is considered to be a legal nuisance or a hazard to the public health, safety, welfare and morals of uses or to structures adjoining such nonconforming use or uses, the Zoning Hearing Board shall hold a public hearing and make a finding with respect to the nuisance or hazardous condition which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Zoning Hearing Board as related to the reasonable amortization of the capital investment in such uses.
