[Amended 10-23-1989 by Ord. No. 1384]
In any district in which single-family dwellings
are permitted, notwithstanding limitations imposed by other provisions
of this Part 1, a single-family dwelling and customary accessory buildings
may be erected on any single building lot of record at the effective
date of adoption or amendment of this Part 1. Such building lot must
be in separate ownership and not of continuous frontage with other
building lots in the same ownership. This provision shall apply even
though such building lot fails to meet the requirements for area or
width, or both, that are generally applicable in the district, provided
that other requirements not involving area or width, or both, of the
building lot shall conform to the regulations for the district in
which such building lot is located. A variance to permit erection
of such single-family dwelling on such nonconforming building lot
of record shall be obtained only through action of the Board of Adjustment.
Where, at the effective date of adoption or
amendment of this Part 1, lawful use of land exists that is made no
longer permissible under the terms of this Part 1 as enacted or amended,
such use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
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 Part 1.
B. If any such nonconforming use of land ceases for any
reason for a period of more than 60 days, any subsequent use of such
land shall conform to the regulations specified by this Part 1 for
the district in which such land is located.
When a lawful structure exists at the effective
date of adoption or amendment of this Part 1 that could not be built
under the terms of this Part 1 by reason of restrictions on area,
lot coverage, height, yards or other characteristics of the structure
or its location on the lot, such structure may be continued so long
as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be altered in a way which increases
its cubic content, except that in the structural uses permitted by
right as set forth in Districts A and B:
(1) The existing building line may be extended, provided
that such extension does not violate any existing front and/or rear
yard depth requirements and that such extension is not in violation
of a five-foot side yard width restriction in the uses permitted by
right as set forth in A Districts and four-foot side yard width restriction
in the uses permitted by right as set forth in B Districts.
(2) The cubic content may be increased within the limit
of the existing building lines subject to the maximum height restrictions
as set forth in the Schedule of District Regulations.
(3) The cubic content of a preexisting nonconforming structure
that does not satisfy the front yard setback requirements set forth
in all zoning districts in the Borough may be extended, provided that
such extension is constructed on an existing foundation and is within
the limit of existing lines of the original adjacent structure.
[Added 2-9-1998 by Ord. No. 1615]
B. Should such structure be damaged by reason of fire,
explosion, windstorm or the elements or by any other means (including,
without limitation, any demolition, voluntary or otherwise) to an
extent of either more than 50% of its replacement cost or a maximum
of 50% of its cubic content at the time of damage, it shall not be
reconstructed except in conformity with the provisions of this Part
1; provided, however, that where such destruction within Districts
A and B occurs by means other than demolition, voluntarily or otherwise,
such structure may be reconstructed within its existing foundation
lines, provided that such reconstruction within existing foundation
lines does not violate any existing front and/or rear yard depth requirements
and that such construction is not in violation of a five-foot side
yard width restriction in the uses permitted by right as set forth
in A District restrictions and a four-foot side yard width restriction
in the uses permitted by right as set forth in B Districts.
C. 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 removed.
D. Any existing structure on a nonconforming lot or any
existing structure on a conforming lot which violates any yard requirements
may have additions to the principal building, and said addition to
the principal building does not create any additional deficiencies.
[Added 9-8-1997 by Ord. No. 1605]
E. A gabled extension of a second story room through
a sloping roof to allow for a vertical window opening into the room
(also known as a "dormer") shall be permitted if it does not extend
beyond the building line, even if the existing building has a deficient
rear yard, front yard or side yard.
[Added 9-8-1997 by Ord. No. 1605]
F. All questions relating to vertical window openings,
location of window openings, number of stories and requirements of
code are to be at the discretion of the Borough Construction Code
Official. The number of stories subject to this chapter shall not
exceed three.
[Added 9-8-1997 by Ord. No. 1605]
Where a lawful use of a structure exists at
the effective date of adoption or amendment of this Part 1 that would
not be permitted in the district under the terms of this Part 1, such
use may be continued as long as it remains otherwise lawful, subject
to the following provisions:
A. No existing structure devoted to a use not permitted
by this Part 1 in the district in which it is located shall be enlarged,
extended, reconstructed, moved or structurally altered, except in
changing the use of such structure to a use permitted in the district
in which it is located.
B. 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 in which
such structure is located, and no nonconforming use may thereafter
be resumed.
C. Where a nonconforming use of a structure, or structure
and land in combination, is discontinued or abandoned for 12 consecutive
months, such nonconforming use of a structure, or structure and land
in combination, shall not continue except in conformity with the regulations
of the district in which it is located.
On any structure devoted in whole or in part
to any nonconforming use, work may be done in any period of 12 consecutive
months on ordinary repairs, structural alterations or on repair or
replacement of structural elements, including, but not limited to,
walls, fixtures, wiring or plumbing, to an extent not exceeding 20%
of the current replacement value of the structure, provided that the
cubic content of the structure as it existed at the time of adoption
or amendment of this Part 1 shall not be increased. Nothing in this
Part 1 shall prevent the strengthening or restoring to a safe condition
of any structure declared unsafe by the Building Inspector.
Any structure for which a variance is granted
or use for which a special exception is granted as provided in this
Part 1 shall not be deemed a nonconformity but shall, without further
action, be deemed conforming with the provisions of this Part 1.