[Ord. No. 11/8/1989, 11/8/1989,
§ 301]
1. Within the districts established by this chapter or amendments that
may later be adopted, there exists lots, structures, and uses of land
and structures which were lawful before this chapter was passed or
amended but which would be prohibited under the terms of this chapter
or future amendment.
2. It is the intent of this chapter to permit these nonconformities
to continue until they are removed. Such uses are declared by this
chapter to be incompatible with permitted uses in the districts involved.
Nonconformities may be enlarged as decided by the Zoning Hearing Board.
3. A nonconforming use of structure, a nonconforming use of land, or
nonconforming use of a structure and land shall not be extended or
enlarged after passage of this chapter by the addition of other uses
if such additions are of a nature which would be prohibited generally
in a district; or the attachment of additional signs or display devices
on the land outside the building.
4. Nothing in this chapter shall be deemed to require a change in the
plans, construction, or designated use of any building on which actual
construction was lawfully begun prior to the effective date of adoption
or amendment of this chapter and upon which actual building construction
has been continuously carried on. Actual construction includes the
placing of construction materials in permanent position and fastened
in a permanent manner, and demolition, elimination, and removal of
an existing structure in connection with such constructure, provided
that actual construction work shall be continuously carried on until
the completion of the building involved.
[Ord. No. 11/8/1989, 11/8/1989,
§ 302]
For nonconformance lots of record, the owner shall apply to
the Zoning Hearing Board for the appropriate variances for the use
of said lot. If two or more lots with continuous frontage in single
ownership and if all or part of the lots do not meet the requirements
for lot width and area in the respective district, the lands involved
shall be considered to be an undivided parcel for the purpose of this
Part. No portion of said parcel shall be used which does not meet
lot width and area requirements established by this Part.
[Ord. No. 11/8/1989, 11/8/1989,
§ 303]
1. Where lawful use of land exists that is made no longer permissible
under the terms of this Part, as enacted or amended, such use may
be continued, subject to the following provisions:
A. No such nonconforming use shall be expanded or occupy a greater area of land than was occupied at the effective date of this Part, except as specified by §
27-301 of this Part.
B. No such nonconforming use shall be moved to any other portion of
the lot occupied by such use at the effective date of this Part.
C. If any such nonconforming use of land ceases for any reason for a
period of more than 12 months, any subsequent use of such land shall
conform to the regulations for the district in which such land is
located.
[Ord. No. 11/8/1989, 11/8/1989,
§ 304]
1. Where a lawful structure exists that could not be built under the
terms of this Part, such structures may be continued so long as it
remains otherwise lawful, subject to the following provisions.
A. A structure may not be enlarged or altered unless a variance is granted
by the Zoning Hearing Board, except in the following situation: an
existing nonconforming structure may be expanded into the required
setback(s) up to the degree of nonconformance of that existing structure
as determined by the Zoning Officer.
B. Should such structure be destroyed by means other than fire, flood,
explosion or other casualty, to an extent of more than 50% of its
replacement cost at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this chapter unless a
variance is granted by the Zoning Hearing Board. Replacement cost
shall be determined by obtaining cost of reconstruction from the following
sources: one building contractor selected by the owner and one building
contractor selected by the Borough. The average cost of replacement
will then be ascertained after receipt of both costs.
C. Should such structure be moved for any reason, it shall thereafter
conform to the regulations for the district in which it is located
after moved.
[Ord. No. 11/8/1989, 11/8/1989,
§ 305]
1. If a lawful use of a structure, or of a structure and premises in
combination, exists that would not be allowed in the district, the
lawful use may be continued, subject to the following provisions.
A. An existing structure devoted to a use not permitted in the district
in which it is located may not be enlarged, extended, constructed,
reconstructed, or structurally altered unless a variance is granted
by the Zoning Hearing Board.
B. Any nonconforming use may be extended throughout any parts of a building,
but no such use shall be extended to occupy any land outside such
building.
C. If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may be changed to another nonconforming
use, provided that the Zoning Officer shall find that the existing
nonconforming use is equally or more appropriate to the district than
the existing nonconforming use. Applications for changes to nonconforming
uses, structures or lots which are equal or less nonconforming may
follow normal permit procedures under the Zoning Officer.
D. Once a nonconforming use is superseded by a permitted use, the nonconforming
use shall not be resumed.
E. When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 12 consecutive months,
it shall not be used except in conformance with the regulations of
the district in which it is located.
F. Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land, unless the structure is rebuilt
within 12 months.
[Ord. No. 11/8/1989, 11/8/1989,
§ 306]
1. On any building, devoted in whole or in part to any nonconforming
use, work may be done on ordinary repairs, or on repair or replacement
of nonbearing walls, fixtures, wiring, or plumbing without the requirement
of permit.
2. Nothing in this Part shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.