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 but which do not conform to
the provisions of this chapter or amendment thereto. These uses, structures,
or lots are referred to as nonconformities. The regulations governing
existing nonconforming uses, structures, and lots are set forth in
this article and are intended to provide a gradual remedy for the
undesirable conditions resulting from such nonconformities. While
such nonconformities are generally permitted to continue, regulations
are intended to restrict further investment in such nonconformities
and to bring about 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.
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 zoning permit is obtained as per the requirements in Article XX:
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.
In determining cubic content, that portion of a stack or projection
above the highest point of the principal building shall be excluded
from the calculation.
E.
Not more than one extension or enlargement to a nonconforming use
or structure shall be granted.
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, when so determined by Borough Council, subject
to the following conditions:
A.
The applicant shall show that the nonconforming use cannot be reasonably
changed to a conforming use.
B.
The applicant shall show that the proposed change will not increase
external effects more 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 permitted to be erected on the premises.
If a nonconforming use of a building or land is abandoned for
six consecutive months for residential uses and 12 consecutive months
for nonresidential uses, whereby the owner discontinues the use, the
subsequent use of such a building or land shall conform to the regulations
of the district in which it is located.
A nonconforming structure, a conforming structure devoted to
a nonconforming use, or a structure that has been legally condemned
or destroyed by fire or other cause to less than 75% of the current
value of the structure may be reconstructed and used for the same
nonconforming use, provided that:
A.
The reconstructed structure shall not exceed the height, area, and
volume of the building destroyed or condemned.
B.
Reconstruction of the structure shall commence within 12 months from
the date the structure was destroyed or condemned, unless Borough
Council shall authorize a conditional use for an extension of this
time limit. However, an extension may be granted if permitting causes
any delay in construction.
A.
On any nonconforming structure or portion of a structure containing
a nonconforming use, work may be done in any period of six consecutive
months on ordinary repairs or on repair or replacement of non-bearing
walls, fixtures, wiring, or plumbing, provided that the cubic content
existing when it became nonconforming shall not be increased.
B.
If a nonconforming structure becomes physically unsafe due to lack
of repairs and maintenance and is declared by the Zoning Officer or
applicable party to be unsafe by reason of physical condition, it
shall not thereafter be restored or repaired except to conform to
the regulations of the district in which it is located.
C.
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.
No nonconforming use shall displace a conforming use.
A lot held in single and separate ownership on the effective
date of this chapter which does not contain the required minimum area
or width as stated in 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, and setback 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.
In any case where a nonconforming use changes to another use,
it shall be permitted to continue, provided that the overall impact
and total size of the new use is less than the previous nonconforming
use and is approaching conformity.
Regulations for nonconforming signs are in § 600-95.
As needed, the Zoning Officer may prepare, or cause to be prepared,
a complete list of all nonconforming uses, structures, lots, and signs
in the Borough.
Whenever a lot is sold to a new owner, a previously lawful nonconforming
use shall be allowed to continue by the new owner.
An altered nonconforming structure or a nonconforming use created in violation of any provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 600-152 upon other nonconforming structures and uses.
