[Ord. 12-8-97A, 12/8/1997, § 401]
From and after the effective date of this chapter, any existing
structure, building, sign, and/or land or any existing use of structure,
building, sign, and/or land not in conformity with the regulations,
limitations, restrictions, and provisions herein prescribed shall
be regarded as nonconforming, but may be continued in such nonconformity
subject to the following limitations.
[Ord. 12-8-97A, 12/8/1997, § 402]
Except as otherwise provided in this Part, any lawful building
or structure, or any lawful use of a building, structure (including
sign) or land existing at the effective date of this chapter, or authorized
by a building or zoning permit issued prior thereto, may be continued
in its existing condition, although such use or structure does not
conform to the provisions of this chapter.
[Ord. 12-8-97A, 12/8/1997, § 403; as amended by
Ord. 00076, 4/14/2014, § 4]
1.
No expansion of a nonconforming structure or use shall hereafter be made unless written application has been filed with the Zoning Hearing Board and such expansion has been approved as a special exception subject to the following standards and criteria and those contained in § 27-1506 of this chapter.
A.
The expansion of a nonconforming use or structure shall be limited
to an area equal to 25% of the floor area of structures devoted to
the nonconforming use (as to structure) and 25% of the surface area
(as to use) as they existed on the date on which such use first became
lawfully nonconforming.
B.
Any expansion of a nonconforming use or structure shall be limited
to the lot of record upon which the nonconforming use or structure
existed on the date the use of structure became nonconforming.
C.
The expansion of a nonconforming use or structures shall comply with
the provisions for building height, yard setback, and lot coverage
required for similar permitted uses in the district in which the nonconformity
in question is located.
D.
Except as provided in § 27-408, the expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
E.
Any such expansion is to be permitted as a one time action only.
[Ord. 12-8-97A, 12/8/1997, § 404; as amended by
Ord. 00076, 4/14/2014, § 5]
1.
A nonconforming structure which is damaged or destroyed may be rebuilt and occupied for the same use as before the damage after obtaining appropriate permits pursuant to Part 16 of this chapter and provided that:
A.
The damage or destruction is unintentional or if intentional, is
pursuant to an appropriate permit from the Borough and all other applicable
agencies.
B.
The previous foundation is to be used for restoration.
C.
The reconstructed structure shall not be larger than the damaged
structure.
D.
The reconstruction shall start within one year from the time of damage
to the structure.
E.
The repair of a nonconforming structure shall not cause the structure
to create further expansion in a nonconforming dimension or aspect.
[Ord. 12-8-97A, 12/8/1997, § 405]
If a nonconforming use is discontinued for a period of more
than one year, then this shall be deemed to be an intent to abandon
such use. No nonconforming use may be reestablished after it has been
determined to have been discontinued or abandoned. Any subsequent
use shall conform to the regulations of this chapter.
[Ord. 12-8-97A, 12/8/1997, § 406; as amended by
Ord. 00076, 4/14/2014, § 6]
1.
Upon written application, the Zoning Hearing Board, by special exception,
may permit the substitution of another nonconforming use for a previous
nonconforming use in accordance with the following criteria and limitations:
A.
The proposed use shall only be permitted in a residential zoning
district if such proposed use located in such residential zoning district
is consistent with the use in another residential zoning district
and is a use permitted by special exception or as a permitted use
in any other residential zoning district; or in the case of where
the use is proposed in a commercial zoning district, such proposed
use located in such commercial zoning district is consistent with
a use in the other commercial zoning district and is a use permitted
by special exception or as a permitted use in the other commercial
zoning district.
[Amended by Ord. No. 00093, 5/14/2018]
B.
The proposed use shall not generate more traffic than the existing
nonconforming use.
C.
The proposed use, if commercial or industrial in nature, shall not
have longer hours of operation than the existing nonconforming use.
D.
The proposed use shall not generate higher levels of noise, smoke,
or glare off the property than the existing nonconforming use.
E.
The proposed use shall not be more detrimental to the neighboring
properties and uses than the existing nonconforming use.
[Ord. 12-8-97A, 12/8/1997, § 407; as amended by
Ord. 00076, 4/14/2014, § 7]
If a use, building, structure, sign, or land was expanded to the limits of expansion for a nonconforming building, structure, sign, or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said use, building, structure, sign or land shall be authorized. In the event a nonconforming use, building, structure, sign, or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion, if permitted by this chapter, shall only be authorized to the lesser of the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance or the expansion permitted under this chapter, and such additional expansion shall be consistent with the then applicable provisions of the SALDO [Chapter 22] and SWMO [Chapter 17].
[Ord. 12-8-97A, 12/8/1997, § 408; as amended by
Ord. 00076, 4/14/2014, § 8]
1.
Applicability. A structure which is nonconforming as to setbacks or lot area may be expanded in accordance with the requirements of § 27-403 herein. Only structures which are used for a permitted use or special exception use in the district in which the structure is located shall be permitted to expand in accordance with this section.
2.
Expansion Limitations. Structures which are dimensionally nonconforming
may only be expanded in accordance with the following regulations:
A.
A structure which is located within the required front yard area
of the district in which it is located is permitted to expand, provided
that the expanded part of the structure will not extend nearer to
the street than the part of the existing structure which is nearest
to the street and that the minimum side yard and rear yard areas of
the district are met.
B.
A structure which is located within the required rear yard area of
the district in which it is located is permitted to expand, provided
that the expanded part of the structure will not extend nearer to
the rear property line than that part of the existing structure which
is nearest to the property line and that the minimum side yard and
front yard areas of the district are met.
C.
A structure which is located within a required side yard area of
the district in which it is located is permitted to expand, provided
that the expanded part of the structure will not extend nearer to
the side property line than that part of the existing structure which
is nearest to the side property line and that the minimum front yard,
rear yard and other side yard areas of the district are met.
[Ord. 12-8-97A, 12/8/1997, § 409]
Any use which complies with the regulations for the district
in which the nonconforming use is located may be substituted for the
nonconforming use. Once a conforming use is established, no nonconforming
use shall be permitted in the future. If a nonconforming use is proposed
to be eliminated and a conforming use substituted but certain regulations
cannot be met (such as area, yard, etc.), the Zoning Hearing Board,
upon written application, may grant a special exception to permit
such a conforming use, with such appropriate conditions and safeguards
as the Board may see fit.
[Ord. 12-8-97A, 12/8/1997, § 410]
1.
A change in a message of a nonconforming sign shall not be considered
a change in use or structure that requires that any nonconforming
use or structure of a site be brought in conformity or be subject
to the other restrictions or limitations contained herein relating
to changes of structures and uses.
2.
Notwithstanding anything else herein to the contrary, any message
in any nonconforming sign may be changed without the necessity of
requiring that sign's nonconformity be reduced or eliminated.
