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.
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 in which such structure devoted to nonconforming use is
located;
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.
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.