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.
A. 
Definition. A nonconforming use is the lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of enactment of this chapter.
B. 
When permitted subject to the provisions of this section, a use of building or land existing at the time of the legal adoption of this chapter may be continued even though such use does not conform with the provisions of this chapter for the district in which it is located.
C. 
Continuation of nonconforming use. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed.
D. 
Change of nonconforming use to conforming.
(1) 
No nonconforming building, structure or use shall be changed to another nonconforming use.
(2) 
Whenever any nonconforming use shall have been changed or altered so as to conform to the provisions of this chapter or its amendments, then such nonconforming use shall no longer be nonconforming to the extent to which it then conforms to this chapter or its amendments.
(3) 
The prior nonconforming use shall not be resumed; provided, however, that if a later amendment to this chapter should make the use as so changed or altered nonconforming with its provisions then such use as changed or altered shall become a new nonconforming use to the extent of such nonconformance or non-compliance.
E. 
Expansion or extension of nonconforming use. A nonconforming use may be extended as a special exception upon approval through application to the ZHB subject to the following:
(1) 
The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
(2) 
The extension does not encroach upon the yard height requirements of the district in which the nonconforming use is presently located.
(3) 
The extension is for the purpose of the expanding nonconforming use in the existence at the time of the legal acceptance of this chapter.
(4) 
Extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
(5) 
No nonconforming use may be extended or expanded in any building or structure, or in or on the lot on which it is located, nor may any nonconforming use be moved to a different position upon the lot on which it is located, so as to alter the use or its location which existed at the time that the use became nonconforming.
(6) 
No structure utilized for a nonconforming use shall be enlarged, extended, or structurally altered by more than 20%, unless the use is changed to one which complies with the provisions of this chapter. For any change exceeding 20%, the provisions for special exception shall apply. Improvements specifically required by this chapter shall be exempt from this subsection. Nothing herein shall prevent compliance with applicable laws or statutes relative to the safety and sanitation of a structure occupied by a nonconforming use.
(7) 
Whenever a use district shall be hereafter changed by a duly adopted amendment to this chapter, then any existing legal, nonconforming use of such changed district may be continued, and such use may be extended throughout the structure.
F. 
Abandonment. A legal nonconforming use of a building or land which has been abandoned intentionally shall not thereafter be returned to such nonconforming use and shall be considered abandoned under the following circumstances.
(1) 
When the intent of the owner is to discontinue the use is apparent; or
(2) 
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 180 days, unless other facts show an intention to resume the nonconforming use; or
(3) 
When a nonconforming use has been discontinued for a period of six months; or
(4) 
When it has been replaced by a conforming use; or
(5) 
When it has been changed to another use authorized by the ZHB; or
(6) 
The lawful use of the land existing at the time this chapter or any of its amendments was adopted, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is abandoned for a period of six months, any future use of said land shall conform to the provisions of this chapter; or
(7) 
Any subsequent use shall conform to the applicable provisions of this chapter, or its amendments and the prior nonconforming use shall not be resumed, unless in accordance with the applicable provisions of this chapter or its amendments.
G. 
Nonconforming accessory uses and structures. No use, structure, or sign that is accessory to a principal nonconforming use shall continue after such principal use or structure has been abandoned or removed, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.
H. 
Unsafe structure. Nothing in this chapter shall prevent the strengthening or restoring to safe condition of any portion of a building structure that is declared unsafe by the proper authority.
I. 
Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of the legal enactment of this chapter.
A. 
Continuation of nonconforming buildings or structures. Any nonconforming building or structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this section.
B. 
Structural alteration of nonconforming buildings or structures. A lawful nonconforming use of a building or structure existing at the time of the adoption of this chapter, or an amendment hereto may be structurally altered. Such alteration shall not expand its nonconformity in areas not previously occupied by the nonconforming use unless meeting the requirements of expansion and extension of nonconforming uses as required in this chapter. No parking, yard, space, or bulk nonconformity may be created or increased.
C. 
Changes to nonconforming buildings or structures to conforming.
(1) 
Whenever any nonconforming building or structure shall have been changed or altered to conform to the provisions of this chapter or its amendments in effect at the time of such change or alteration, or whenever any amendment to this chapter shall make such building or structure conforming with the provisions of this chapter or its amendments, then such building or structure shall remain in conformance with the applicable provisions of this chapter or its amendments.
(2) 
If a later amendment to this chapter should make the building or structure as changed or altered nonconforming with its provisions, then the building or structure as changed or altered will become a nonconforming building or structure to the extent of such nonconformance or noncompliance.
D. 
Damage or destruction of nonconforming buildings or structures. In the event any nonconforming building or structure is destroyed by an act of God or any other cause not within the control of the owner, the owner may rebuild the destroyed building or one designated for the same use and may use the building for such use regardless of whether the provisions of this chapter may otherwise prohibit the construction of such a building or prohibit such a use in a district in which the land is located; provided, however, that the rebuilding of such building or structure shall commence not more than two years from the date of the event which caused the loss of the original structure, and provided further that the use of said rebuilt structure shall commence within one year from the completion of said building as provided for herein. In no event shall any damage or destruction to such a structure by any means within the control of the owner be repaired or restored, except in accordance with this section.
E. 
Expansion or extension of nonconforming buildings or structures.
(1) 
No nonconforming building or structure may be extended on the lot on which it is located, nor may any nonconforming building or structure be moved to a different position upon the lot on which it is located, except to a position in conformity with the current codes.
(2) 
Legal nonconforming residential structures may be expanded up to 100 square feet to allow for necessary accessibility improvements.
(3) 
Whenever a use district shall be hereafter changed by a duly adopted amendment to this chapter, then any existing legal, nonconforming structure of such changed district may be continued, and such use may be extended throughout the structure.
(4) 
Structures that are nonconforming on the effective date of this chapter that already encroach on a required setback can extend that encroachment and not be considered an expansion of the nonconforming structure subject to the following:
(a) 
The structure is only extended on a parallel plane of the existing nonconforming encroachment and does not extend any closer to a property line.
(b) 
The extension is no more than 25% of the length of the side of the existing nonconforming structure on the side of the encroachment.
(c) 
A determination is made by the Zoning Officer that there is no impact to immediately adjacent property. If any uncertainty exists regarding impacts to immediately adjacent properties, the Zoning Officer may refer the request to the ZHB for an interpretation.
F. 
Repairs, renovation, and modernization of nonconforming buildings or structures.
(1) 
Repairs, renovations and modernization of nonconforming buildings or structures, such as renewal or replacement of outer surfaces, windows, addition of soundproofing materials, air conditioning and repair or replacement of structural parts or members of the building or structure shall be permitted notwithstanding other provisions of this chapter.
(2) 
Such repairs, renovations, or modernizations are allowed provided they do not change or alter substantially the physical configuration of the nonconforming building or structure or change its position on the ground.
G. 
No increase in the size of or area covered by the nonconforming use or area of the use within the building or structure is allowed except as provided for in this chapter. The areas of nonconforming use within a building or structure may be rearranged in connection with such repairs, renovation, or modernization, provided that no enlargement or expansion of the nonconforming use occurs.
H. 
Alterations. A nonconforming building or structure may be altered, improved, or reconstructed provided such work does not exceed 50% of the fair market value of the building or structure or provided the building structure is changed to a conforming use.
I. 
Construction approved prior to legal enactment of this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a zoning/building permit has been issued and the construction of which shall have been diligently prosecuted within two months of the date of such permit, and the ground story framework of which shall be completed within four months of the date of the permit, and which the entire building shall be completed according to such plans as filed within one year from the date of legal enactment of this chapter.
A. 
In any district in which single-family dwellings are a permitted use by right, notwithstanding the regulations imposed by any other provisions of this chapter, a single-family detached dwelling which complies with the yard, space, and bulk requirements of the district in which it is located may be erected on a nonconforming lot adjacent to an improved street. Nothing in the requirements of this chapter relating to lot area per dwelling unit shall be held to prohibit the erection of a single-dwelling unit upon a lot having less than the required street frontage or the area of which is less than that prescribed as the lot area per dwelling unit, provided that such lot, at the time of the passage of this chapter, was held under separate ownership from any adjoining lots or provided that, at the time of the passage of this chapter, a recorded plan of lots or subdivision of property shows such lot to be a separate and distinct numbered lot.
B. 
If two or more lots or combinations of lots and portions of lots with continuous frontage in 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 width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.
C. 
A nonconforming lot of record may be used for any "permitted use by right" in the district in which it is located if land development approval can be granted in accordance with the provisions of the Subdivision and Land Development Ordinance (SALDO).
D. 
District changes. Whenever boundaries of a district shall be changed so as to transfer an area from one district to another district a different classification, the foregoing provisions shall apply to any nonconforming uses existing therein.
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.