The purpose of this article is to regulate nonconforming uses,
nonconforming buildings and structures, nonconforming lots, and nonconforming
signs. The zoning districts established by this chapter are designed
to guide the future use of the Borough's land by encouraging
the development of desirable residential, commercial, and other uses
with appropriate groupings of compatible and related uses that promote
and protect the public health, safety, and general welfare of the
community. The regulations of this article are intended to restrict
further investments that would make nonconformities more permanent
in their location in inappropriate districts as well as to afford
opportunities for creative use and reuse of those other nonconformities
that contribute to a neighborhood.
Continuation of Nonconforming Signs. Subject to the limitations
and termination provisions hereinafter set forth, any lawfully existing
nonconforming sign may be continued so long as it otherwise remains
lawful after the effective date of this chapter:
A. Alteration or moving. A nonconforming sign of any type may not be
moved to another position or location upon the building, structure
or lot on which it is located, nor may the size or area of such nonconforming
sign be changed, or its structure or construction changed unless such
changes are to change the face of the sign.
B. Damage, destruction, or replacement. Whenever any nonconforming sign
has been damaged or destroyed by any means to the extent of 50% of
its market value at the time of destruction or damage, such sign shall
not be restored or replaced, unless it conforms to all provisions
of this chapter. Damage only to the face of a sign shall not be construed
to constitute 50% of its market value, and the sign face may be replaced.
C. Abandonment. If use of a nonconforming sign is abandoned or interrupted
for a continuous period of more than 180 days, then such nonconforming
sign together with its panel cabinet, supports, braces, anchors, and
electrical equipment shall be removed within 14 days from the end
of the aforesaid period and the use of such sign shall not be resumed
except in accordance with the provisions of this chapter.
D. Health, safety, and welfare. If any sign or supporting structure
subject to the regulation of the provisions of this chapter constitutes
a threat to health, safety, or welfare of the area surrounding said
sign or has been constructed, installed, or maintained in violation
of any provision of this chapter, the Zoning Officer shall give written
notice to the person or entity who owns or is maintaining such sign.
If the owner or entity maintaining such sign fails to modify the sign
so as to comply with the provisions of this article within 20 days
after the date of said written notice from the Zoning Officer, then
the Zoning Officer and other Borough officials shall take steps as
necessary to promptly have said sign brought into compliance with
this chapter up to and including removal of the sign to comply with
this chapter.
In the course of administering and enforcing this chapter and
reviewing applications for zoning certificates, temporary use permits,
sign permits or variances, the Zoning Officer may register nonconforming
uses, nonconforming structures, and nonconforming lots as they become
known through the application and enforcement process. Registration
and proof of nonconforming uses, structures, and lots shall be the
burden of the property owner.