All buildings, structures, uses of land, uses of buildings,
lots and signs which do not conform to all of the applicable regulations
of the district in which they are located or other applicable requirements
of this chapter shall be considered as nonconforming, provided that:
Nonconforming status shall be classified as follows:
A.
Nonconforming use. The existing lawful use of land and/or buildings
and/or structures upon the land which does not conform to any of the
permitted uses of the district in which it is located.
B.
Nonconforming building or structure. Any existing lawful building
or structure that does not conform to the height, location, size,
bulk, building or impervious coverage, or other dimensional requirements
of the district in which it is located. This does not include signs.
C.
Nonconforming lot. Any existing lawful lot which does not conform
to the applicable dimensional regulations, including area, depth,
and/or width requirements, for lots in the district in which it is
located.
D.
Nonconforming sign. Any sign, signboard, billboard or advertising device existing at the time of the passing of this chapter that does not conform in use, location, height or size with the regulations of this chapter shall be considered a nonconforming sign and shall also be governed by the requirements of Article XIV of this chapter.
E.
Temporary nonconforming use. A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than 100 days on the approval of an application for a special exception by the Zoning Hearing Board, in accordance with the provisions of Article XVIII of this chapter. In order to obtain approval of such special exception, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that:
(1)
The temporary nonconforming use shall not be detrimental to the traffic
flow of the community and that any traffic impacts, such as traffic
congestion, shall be adequately mitigated;
(2)
The temporary nonconforming use shall be in harmony with the character
of the immediate neighborhood in which it is located and shall not
substantially or permanently impair the appropriate use or development
of adjacent property; and
(3)
The temporary nonconforming use shall have some demonstrable benefit
for the community of East Greenville, such as to the health, welfare,
economic development, or other advantage or assistance to the community.
A.
The lawful nonconforming usage of a lot, structure, or use may be continued and a property may continue to be used as nonconforming until it complies with the requirements of this chapter or until the nonconforming use is otherwise discontinued as provided for in § 95-142D.
B.
Conforming uses in nonconforming buildings or lots. The conversion
of one conforming use to another conforming use on a lot or in a building
that is nonconforming shall be permitted in a nonconforming building
or on a nonconforming lot. This provision shall not be read to permit
noncompliance with the other provisions of this chapter for which
lawful nonconforming status has not been obtained. For example, notwithstanding
this provision, the new conforming use must comply with this chapter's
parking requirements.
C.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming use which is equally appropriate or more appropriate to the district in which the property is located, and is no more detrimental than the existing nonconforming use, by special exception granted by the Zoning Hearing Board in accordance with the provisions of Article XIX of this chapter.
(2)
A nonconforming use shall not be changed to another nonconforming
use which is less appropriate to the district in which the property
is located and/or is more detrimental than the existing nonconforming
use.
D.
Discontinuance.
(1)
Once any nonconforming aspect of a use, structure, or lot is changed
to a condition that conforms with this chapter, that aspect shall
not be permitted to revert to a nonconforming condition.
(2)
Whenever a nonconforming use, in or on the land, or within a structure
or portion thereof, has been discontinued for a continuous period
of more than one year, such discontinuance shall be deemed to be an
abandonment of such nonconforming use. Any subsequent use thereof
shall conform to the applicable provisions of the zoning district
in which such use is located.
(3)
Notwithstanding the previous provisions, the Borough Zoning Officer
may determine that a nonconforming use has been abandoned, even if
less than one year has passed, provided that the following two conditions
are satisfied:
(4)
A nonconforming structure, use, parking area, or site improvement
which is demolished, destroyed, razed, or condemned, including, but
not limited to, demolished by neglect, through means other than fire,
explosion, accident, or calamity, shall be reconstructed in full conformity
with this chapter for the zoning district in which it is located.
(5)
When an existing building or use, or combination thereof, is nonconforming,
and demolition of the building or use is proposed for redevelopment,
the existing nonconforming conditions, including nonconforming impervious
coverage levels, may not be continued or transferred to the new development
proposal.
(6)
Nonconforming structures damaged or destroyed by fire, explosion,
accident or calamity (as contrasted to deterioration due to time or
neglect) may be reconstructed and used as before, provided that:
(a)
The reconstructed building shall not exceed the dimensions of
the damaged or destroyed building, including height, width, depth
and volume.
(b)
Building reconstruction shall be started within one year from
the date the building was damaged or destroyed and shall be carried
out without interruption.
A.
Any expansion of a nonconforming use, structure, or lot shall include
only that lot, held in single and separate ownership, on which the
use, structure, or lot existed at the time it became nonconforming.
Expansion onto adjoining lots is prohibited.
B.
Nonconforming uses. A nonconforming use may be expanded by up to 25% of the original square footage occupied by the nonconforming use. If this requires an expansion of the building in which the use is housed, the provisions of § 95-143C shall apply. This expansion shall be permitted only once.
C.
Nonconforming structures. Physical expansion of a nonconforming structure
or a structure housing a nonconforming use shall be permitted only
one time and shall be limited to 25% of the gross floor area of the
existing building. Expansion of the structure shall comply with all
dimensional requirements and other standards of the district in which
it is located, and be subject to the following provisions:
(1)
Expansion of a nonconforming structure shall be permitted only one
time.
(2)
In cases where a building is nonconforming as to front, side or rear
yard setback, an addition may be built on a line with the existing
building as long as it does not create an additional encroachment
into a required yard. Any further encroachment with regard to required
setbacks is not permitted.
(a)
If a building is nonconforming with regards to front yard setback,
expansion shall not be permitted to extend closer to the road ultimate
right-of-way than the front wall of the existing structure closest
to the road.
(b)
Expansion shall not be permitted to create a new violation of
the minimum side yard setback. An existing dwelling that violates
the side yard setback may be expanded to the rear along the side yard
building setback established by the wall of the existing building.
(c)
An existing dwelling that violates the rear yard setback may
be expanded to the sides along the rear yard building setback established
by the rear wall of the existing building, as long as it does not
create encroachment into the required side yard setbacks.
D.
Structures planned or under construction. If new ordinance provisions
are adopted that affect planned construction which has been approved
by the Borough but has not been completed, the structures may still
be completed and become nonconforming structures; however, the use
or uses on the lot shall comply with the permitted uses for the district
in which they are located. If a structure requires land development
approval, it shall be evaluated under the ordinance provisions in
place at the time a submission was first received by the Borough.
E.
Nonconforming lots.
(1)
A nonconforming lot that is an alley lot or a landlocked lot shall be developed only in accordance with § 95-166.
(2)
If a nonconforming lot is not subject to the provisions of § 95-166, a structure may be constructed or erected by special exception by the Zoning Hearing Board, in accordance with the provisions of Article XIX of this chapter, subject to the following:
(a)
The use or uses on the nonconforming lot shall be in accordance
with the uses permitted in the district where the lot is located.
(b)
The dimensional, building area, impervious coverage, and other
requirements shall be adhered to as much as is possible for the lot.
(c)
Other requirements, such as parking and landscaping, shall be
met as required by this chapter and other ordinances in place at the
time of the land development.
F.
Contiguous undeveloped lots. Where two or more contiguous undeveloped lots are held in single ownership which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots may be developed only in groups thereof in order to provide the minimum lot area and width required. When all lots in single ownership are combined and still do not meet area and/or width requirements, they may be considered a single nonconforming lot in accordance with § 95-143F of this chapter.
A.
Mapping and recording of nonconforming uses, structures and lots.
The Zoning Officer shall perform a survey of the Borough and record
and map all uses, structures and lots nonconforming to the district
requirements set forth in this chapter. Such record and map shall
be available for inspection at the Borough Municipal Building. For
each property identified, the Zoning Officer shall have on file a
written record documenting the evidence and reasoning that led to
the assignment of nonconforming status. If the survey, record and
map are not done or are incomplete, the nonconforming status may be
determined when applications are filed with the Borough.
B.
Jurisdiction. In all matters pertaining to nonconforming status,
the Zoning Officer shall make the initial determination.
(1)
The Zoning Officer may seek the advice of the Borough Solicitor and/or
others in making a determination.
(2)
If it cannot be determined by means of positive documentation that
a use, structure or sign was in lawful existence at the time an ordinance
or amendment would have rendered it nonconforming, the Zoning Officer
must refuse to confer nonconforming status.
