This article shall apply to all nonconforming
uses, structures and lots, as defined by this chapter. Nothing contained
herein shall require any change in the overall layout, plans, construction,
size or designated use of any development, building, structure or
part thereof for which official approval and required permits have
been granted prior to the effective date of this chapter or any amendment
thereto.
These regulations shall apply to any use of
a structure or lot in any zoning district that is a nonconforming
use as defined by this chapter. Whenever the boundaries of a zoning
district are changed so as to transfer an area from one zoning district
to another zoning district of a different classification, these regulations
shall apply to any uses that thereby become nonconforming.
A. Continuation and sale. Where, at the effective date
of adoption or amendment of this chapter, a lawful use of a lot or
structure exists that is made no longer permissible under the terms
of this chapter as enacted or amended, such use may be sold or otherwise
transferred to other owners and may be continued as long as it remains
otherwise lawful in accordance with the provisions of this article.
B. Enlargement or expansion.
(1) Single-family dwellings that are nonconforming uses
in any nonresidential zoning district classification may be enlarged
or expanded to occupy a greater area of the lot or to increase the
height of the dwelling, provided all applicable area and bulk regulations
of the zoning district in which the property is located are met.
(2) No other nonconforming use of a lot or nonconforming
use of a structure shall be enlarged or increased or extended to occupy
a greater area of the lot or structure than was occupied at the effective
date of adoption or amendment of this chapter, unless the Zoning Hearing
Board, after public hearing, shall interpret that the enlargement
or extension is necessitated by the natural expansion and growth of
the nonconforming use. Any such enlargement or expansion shall conform
to the area, height and yard requirements of the zoning district in
which it is located.
(3) No nonconforming use shall be moved in whole or in
part to any other portion of the lot occupied by such use at the effective
date of adoption or amendment of this chapter, unless authorized by
the Zoning Hearing Board.
(4) Any nonconforming use may be extended throughout any
part of a structure that was designed for such use at the time the
use became nonconforming; however, a nonconforming use shall not be
extended to occupy any structure, lot or portion of a lot that was
not owned by the owner of the nonconforming use at the time the use
became nonconforming.
C. Change of use.
(1) A nonconforming use shall not be changed to any use
other than a conforming use, except as permitted as a use by special
exception by the Zoning Hearing Board in accordance with the following
standards:
(a)
The new nonconforming use will more closely
correspond to the uses authorized in the district as permitted uses,
conditional uses or uses by special exception.
(b)
The new nonconforming use will be in keeping
with the character of the neighborhood in which it is located and
will have an equal or lesser impact on the neighborhood than the existing
nonconforming use.
(c)
Any change from one nonconforming use to another shall comply with the parking requirements of Article
XIII for the new use and shall be subject to the area, bulk and buffer area regulations for such use in the zoning district where such use is authorized as a permitted use, conditional use or use by special exception.
(2) When a nonconforming use is changed to a conforming
use, the use thereafter shall not be changed to a nonconforming use.
(3) Where a nonconforming use exists on a lot, a conforming
use shall not be established on the same lot unless the nonconforming
use is discontinued.
D. Abandonment. When a nonconforming use of a structure
and/or lot is discontinued or abandoned for 12 consecutive months,
the structure and/or lot shall not thereafter be used, except in conformance
with the regulations of the zoning district in which it is located.
E. Damage or destruction.
(1) Residential dwellings that are nonconforming uses
in the C-1 or I-1 District may be rebuilt on the existing foundation
in the event of damage or destruction, provided the reconstruction
is started within 18 months of the date of destruction.
(2) In the case of nonconforming uses, other than dwellings, in any district, when damage or destruction of a structure in which the nonconforming use is conducted involves 50% or less of the gross floor area of the structure, repairs or reconstruction may be undertaken, provided that such restoration is started within 18 months of the date of destruction. No enlargement or expansion of the structure in which the nonconforming use is located shall be undertaken unless the provisions of §
180-91B are met.
(3) In the case of nonconforming uses, other than dwellings,
in any district, when the structure in which the nonconforming use
is conducted is damaged or destroyed by fire or other means to an
extent of more than 50% of its gross floor area, the structure shall
be reconstructed only to house a conforming use.
These regulations shall apply to all nonconforming
structures, as defined by this chapter, in all zoning districts.
A. Structural alteration or enlargement. A nonconforming
structure may be enlarged or structurally altered, provided the enlargement
or alteration does not encroach any further into a required yard setback
than the existing nonconforming structure does and further provided
that no new nonconformities are created. All other alterations or
enlargements shall require review by the Zoning Hearing Board, and
after public hearing, the Zoning Hearing Board may determine undue
hardship and may authorize a variance for the reasonable alteration
or enlargement of such structure.
B. Damage or destruction. Any nonconforming structure that has been partially or completely damaged or destroyed by fire or other means may be rebuilt or repaired on its existing foundation even though such foundation may violate the setback requirements for the zoning district in which the structure is located, provided that the repair or reconstruction and reoccupancy of the structure occurs within 18 months of the date that the original structure was damaged or destroyed. No enlargement or expansion of the nonconforming structure shall be undertaken unless the provisions of §
180-92A are met.
C. Moving. Should a nonconforming structure be moved
for any reason for any distance whatever, it shall thereafter conform
to the requirements of the zoning district in which it is located.
D. Signs.
(1) Nonconforming signs may be repaired or reconstructed,
provided that no structural alterations are made that increase the
gross surface area of the sign; however, nonconforming signs that
are damaged or destroyed to an extent of more than 51% of their replacement
cost at the time of destruction shall not be reconstructed except
in conformity with the provisions of this chapter. Replacement cost
shall be determined by the Borough Engineer upon request by the Borough.
The Borough Engineer shall inspect the sign and submit a report to
the Zoning Officer within five working days of the Borough's request.
The cost of the services of the Borough Engineer shall be borne by
the applicant. Said cost shall not exceed the amount established from
time to time by resolution of Borough Council.
(2) Nonconforming signs shall not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of advertising panels shall be permitted, subject to obtaining the sign permit required by §
180-114.
E. Repair or maintenance. Nothing in this chapter shall
be deemed to prevent the strengthening or restoring to a safe condition
of any structure or part thereof declared to be unsafe by any official
charged with protecting the safety of the public, provided all other
requirements of this section are met.
The following regulations shall apply to nonconforming
lots, as defined by this chapter:
A. Lot area or lot width. Any lot of record existing
at the effective date of this chapter may be used for the erection
of a structure conforming to the use regulations of the zoning district
in which it is located, without a lot area or lot width variance,
even though its lot area and width are less than the minimum required
by this chapter; however, such lot must comply with the front, rear
and side yards, height and lot coverage standards of the zoning district
wherein it is located.
B. Front yard setback. Where structures exist on adjacent
nonconforming lots of record that have front yards that are less than
the minimum depth required, the minimum front yard for an adjacent
vacant nonconforming lot of record proposed to be built upon shall
be the average depth of the nonconforming front yards for the existing
structures on the adjacent nonconforming lots in the same block on
the same side of the street.
C. In any
zoning district, existing nonconforming contiguous lots used for single-family
residential dwellings undergoing a lot consolidation or lot line revisions
shall not require a lot area variance if the resulting lot(s) is a
more conforming lot size.
[Added 2-13-2018 by Ord. No. 465]