B.
Which were lawful before this chapter was passed or
amended, but which would be prohibited, regulated, or restricted under
the terms of this chapter or future amendment. It is the intent of
this chapter to permit these nonconformities to continue until they
are removed; however, nonconformities shall not be enlarged upon,
expanded or extended, except as hereinafter provided.
C.
To avoid undue hardship, 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 carried on diligently.
Actual construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner.
D.
Where excavation or demolition or removal of an existing
building has been substantially begun preparatory to rebuilding, such
excavation or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
Within 60 days following upon the effective
date of this chapter, the owner of any nonconforming lot or structure,
or the proprietor of any nonconforming use, may come forward and register
said nonconforming lot, structure or use with the Zoning Official
of the Borough of Jim Thorpe, who shall maintain record of all such
nonconformities by lot and block number, for use in the administration
and enforcement of this chapter, and as matter of public information.
The Zoning Official shall also issue a certificate of nonconformity
to the owner of the premises or proprietor of the use in question.
All points of nonconformance with the regulations of this chapter
shall be clearly set forth both in the records of the Zoning Official
and in the certificate of nonconformity issued for each use or premise.
A.
In any district in which single-family dwellings are
permitted, a single-family dwelling and customary accessory buildings
may be erected on any single lot of records at the effective date
of adoption or amendment of this chapter, notwithstanding limitations
imposed by other provisions of this chapter. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same
ownership. This provision shall apply even though such lot fails to
meet the requirements for area or width, or front, rear or side yards
that are generally applicable to the district, providing the lot meets
the standards of the ordinance in effect prior to this one.
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 established for lot
width and area, the lands involved shall be considered to be an undivided
parcel for the purposes of this chapter, and no portion of said parcel
shall be used or sold in a manner which diminishes compliance with
lot width and area requirements established by this chapter, nor shall
any division of any parcel be made which creates a lot with width
or area below the requirements stated in this chapter.
Where at the time of passage of this chapter
lawful use of open land exists in nonconforming signs, billboards,
outdoor storage areas and similar nonconforming use not permitted
under the regulations imposed by this chapter, the use may be continued
so long as it remains otherwise lawful, provided:
A.
No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this chapter;
B.
No such nonconforming use shall be moved in whole
or in part to any portion of the lot or parcel other than that occupied
by such use at the effective date of adoption or amendment of this
chapter;
C.
If any such nonconforming use of land is discontinued
and abandoned for a period of more than one year, any subsequent use
of such land shall conform to the regulations specified by this chapter
for the district in which such land is located;
D.
No additional structure not conforming to the requirements
of this chapter shall be erected in connection with such nonconforming
use of land.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reason of restrictions on area,
lot coverage, height, yards, its location on the lot, or other requirements
concerning the structure, such structure may be continued so long
as it remains otherwise lawful, subject to the following provisions:
A.
Enlargement. A nonconforming structure may not be
enlarged by more than 50% of its existing floor area. Such enlargement
shall not exceed the maximum height or maximum building coverage requirements
for the district in which such nonconforming structure is located.
B.
Restoration.
(1)
A nonconforming structure that has been damaged or
destroyed by fire, windstorm, lightning or a similar cause deemed
to be no fault of the owner may be rebuilt to the same dimensions,
or others which are deemed less nonconforming by the Zoning Hearing
Board.
(2)
No rebuilding shall be undertaken as provided herein
until plans for rebuilding have been presented and approved by the
Zoning Official, or by the Zoning Hearing Board when a change in building
dimensions is requested. Approval shall be for the same use or for
other use permitted in the district.
(3)
All permits and approvals required for rebuilding
the structure must be obtained within one year from the date of damage
or destruction.
C.
Removal. Should such structure be moved for any reason
for any distance whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
If lawful use involving principal use or major
structures, or of structure and premises in combination, exists at
the effective date of adoption or amendment of this chapter that would
not be allowed in the district under the terms of this chapter, the
lawful use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
A.
No existing structure devoted to a use not permitted
by this chapter in the district in which it is located shall be enlarged
by more than 50% of its existing floor area. Such enlargement shall
not exceed the maximum height or maximum building coverage requirements
set forth in the schedule for the district[1] in which such structure devoted to nonconforming use is
located;
[1]
Editor's Note: The schedules of district regulations
are included at the end of this chapter.
B.
Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment of this chapter, 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 as a special exception
be changed to another nonconforming use, provided that the Zoning
Hearing Board, either by general rule or by making findings in the
specific case, shall find that the proposed use is equally appropriate
or more appropriate to the district than the existing nonconforming
use. In permitting such change, the Zoning Hearing Board may require
appropriate conditions and safeguards in accord with the provisions
of this chapter;
D.
Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use,
shall thereafter conform to the regulations for the district, and
the nonconforming use may not thereafter be resumed;
E.
When a nonconforming use of a structure, or structure
and premises in combination, is discontinued and abandoned for 12
consecutive months (except when government action impedes access to
the premises), the structure, or structure and premises in combination,
shall not thereafter be used except in conformity with the regulations
of the district in which it is located;
F.
When a structure housing a nonconforming use has been
damaged or destroyed by fire, windstorm, lightning or a similar cause
deemed to be no fault of the owner, such structure may be rebuilt
to its previous dimensions, or dimensions which conform to district
regulations, as long as the structure is occupied by the same use,
or a use which is less nonconforming for the district in which it
is located.
A.
On any nonconforming structure or portion of a structure
containing a nonconforming use, all necessary repairs may be made,
together with all work necessary to maintain such structure in decent,
safe and sanitary condition.
B.
Nothing in this chapter 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.
Any use which is permitted as a special exception
in a district under the terms of this chapter (other than a change
through Zoning Hearing Board action from a nonconforming use to another
use not generally permitted in the district) shall not be deemed a
nonconforming use in such district, but shall, without further action,
be considered a conforming use.
