A.
The zoning districts established by this chapter and designed to
guide future use of land in the Borough by encouraging the development
of desirable residential, commercial and industrial areas, with appropriate
groupings of compatible and related uses, to the end of promoting
and protecting the public health, safety, comfort, prosperity and
other aspects of the general welfare.
B.
To achieve this end, lawful existing uses which would be prohibited
or restricted under the terms of this chapter, or future amendments,
and which do not conform to the character and regulations of the zoning
district in which they are located shall be subject to certain limitations.
The regulations set forth are intended to provide a gradual remedy
for the undesirable conditions resulting from indiscriminate mixing
of uses, and to afford a means whereby nonconforming uses can be gradually
eliminated and reestablished in more suitable locations within the
Borough.
C.
Similarly, buildings or other structures which do not comply with
one or more of the applicable district requirements as to lot width,
minimum lot area and yard spaces, lot coverages, or building height,
are deemed to be nonconforming.
D.
Nonconforming uses and structures will be generally permitted to
remain; the purpose of regulating them is to restrict further investment
in uses or structures which are inappropriate to their location.
E.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in plans, construction, or intended use of any
building on which actual construction was lawfully begun prior to
the effective date, or amendment of this chapter and on which actual
building construction has been diligently carried on.
A.
Continuation. Lawful uses located either within a building or other
structure, or part thereof, or on the land, or in combination of both,
which at the effective date of this chapter, or subsequent amendment
thereto, become nonconforming, may be continued so long as they remain
otherwise lawful, including subsequent sales of property.
B.
Alteration or enlargement of nonconforming buildings, structures,
or land. No expansion of the nonconforming structure or use shall
be hereafter be made unless such expansion has been approved in advance
by the Zoning Hearing Board, as a special exception, subject to the
following limitations and criteria:
(1)
The expansion of the nonconforming structure or use shall be
limited to the lot limits which existed for the property in question
at the time of adoption of this chapter or at the initial nonconformity,
whichever is the earlier. In considering the request for a special
exception expansion of a nonconforming use, the Zoning Hearing Board
shall give proper consideration to the necessity of the expansion
caused by new techniques, new methods in industry, new product development,
new markets, etc. However, the Zoning Hearing Board may also consider
the fact that any expansion is due to an increase in volume of business
not relating to the foregoing which reasonably could be conducted
elsewhere and/or need not be conducted upon the premises, especially
if it would cause increased traffic or if it would otherwise adversely
affect the health, safety and welfare of the area in which the nonconforming
use is situated, in which case the Zoning Hearing Board may further
limit the expansion.
(2)
The Zoning Hearing may require screening of any nonconforming
use or structure which is expanded in order to further protect the
adjoining properties.
(3)
Except in the case of agricultural uses, which shall have no
expansion limit, the total of all such expansions or alterations of
use shall not exceed an additional 50% of the actual area of these
buildings or structures devoted to the nonconforming use as they existed
on the date on which such buildings or structures first became nonconformities.
The applicant shall furnish conclusive evidence as to the extent of
the nonconformity when it was created. The above maximum increase
shall be measured in aggregate over the entire life of the nonconformity.
All expansions of the nonconforming use and/or building(s) that occurred
since the use originally became nonconforming shall count toward the
above maximum increase.
(4)
In consideration of expansion of a nonconforming use, the Zoning
Hearing Board may consider the fact that the present owner and/or
operator of the premises is not the person who may have owned or operated
the premises at the time the same became a nonconforming use or structure
and therefore had notice of the nonconforming character of the premises
and could guide the further development or use thereof in a manner
consistent with this chapter. If the Zoning Hearing Board makes such
a determination, it may deny or appropriately limit the expansion.
(5)
No nonconforming buildings, structures or land shall be added
to or enlarged upon in any manner, unless said building, structure
or land, including additions and enlargements, are made to conform
to all other regulations of the district in which they are located.
(6)
No structural alterations may be made other than those ordered
by an authorized public official to assure the safety of nonconforming
buildings or structures.
(7)
If a building or a structure is conforming as to use but not
conforming as to area and bulk regulations, or off-street parking
requirements, said building or structure may be enlarged or added
to, provided that the enlargement or addition complies with the area
and bulk regulations in the existing building plus its addition complies
with off street parking regulations in the district in which said
building or structure is located.
(8)
No nonconforming building or structure shall be moved in whole
or in part to another location on the lot unless every portion of
said building or structure is made to conform to all the requirements
of the district in which it is located.
If a nonconforming use of land or building ceases operations
for a continuous period of more than one year, then this shall be
deemed to be an intent to abandon such use any subsequent use of land
shall conform to the regulations of this chapter.
No nonconforming use or structure may be changed to any other
nonconforming use or structure unless the Zoning Hearing Board shall,
in granting a special exception, additionally find that the proposed
nonconforming use or structure is not more detrimental to the district
than the existing nonconforming use or structure. The Zoning Hearing
Board may specify such appropriate conditions and safeguards as may
be required in connection with such change and the granting of such
special exception.
Any lawful nonconforming building or other structure which has
been damaged or destroyed by fire, explosion, windstorm, or other
cause may be reconstructed in the same location, provided that:
A.
The reconstructed building or structure shall not exceed the height,
area, or volume of the damaged or destroyed building or structure
and such reconstructed building or structure shall not increase any
dimensional nonconformities;
B.
Reconstruction shall begin within one year from the date of damage
or destruction and shall be carried on without interruption; and
C.
In any case, whether conforming or nonconforming, the remains of
any building so destroyed, must be removed from the premises within
six calendar months so that the same shall not remain as a nuisance
thereon.
In any district in which single-family houses are permitted,
notwithstanding the area limitation imposed by other provisions of
this chapter, a single-family house and customary accessory buildings
may be erected on any single lot of record in existence at the effective
date of adoption or amendment of this chapter, provided that the following
requirements shall be observed:
A.
Such lot must be in separate ownership, and not form part of a continuous
frontage with other lots in the same ownership.
B.
This provision shall apply even though such lot fails to meet requirements
of area or width, or both, generally applicable in the district in
which the lot is located, and a variance shall be issued by the Zoning
Hearing Board, except as follows:
(1)
No application for a variance shall be accepted if the area
of the lot in question is less than 50% of the required minimum for
the district in which it is located;
(2)
If two or more lots with continuous frontage in a single ownership
are of record at the time of passage or amendment of this chapter,
and if all or part of the lots do not meet the requirements for lot
widths and area established by this chapter, the lands involved shall
be considered an undivided parcel, and no portion of such parcel shall
be occupied or sold which does not meet lot width and area requirements
established by this chapter;
(3)
Variance from yard requirements shall be obtained only through
action of the Zoning Hearing Board.
Signs in existence at the effective date of this chapter, or
amendments thereto, may be continued, subject to the following regulations:
A.
Moving. No nonconforming advertising sign, billboard, commercial
advertising structure, or statuary shall be moved to another position
on the building or lot on which it is located after the effective
date of this chapter or amendment thereto.
B.
Structural alterations. A nonconforming sign on a nonconforming use
may be continued, but the area of such sign, or signs, shall not be
increased and such sign, or signs, shall not be structurally altered.
In the event that any nonconforming advertising sign, billboard,
commercial advertising structure or statuary is damaged to the extent
of 25% of its cost of replacement at the time of destruction, such
sign shall not be restored or replaced.
Whenever any use of building or structure or land or of a combination
of buildings, structures and land ceases, all signs accessory to such
use shall be deemed to become nonconforming and shall be removed within
six calendar months.
In order to administer this chapter, the Zoning Officer shall
prepare immediately after the adoption of this chapter, a complete
list of all nonconforming uses, buildings, lots and signs then in
existence.
