A.
Within the districts established by this Part 1, there exist lots, structures and uses of land and structures which were lawful before this Part 1 was passed but which would be prohibited, regulated or restricted under the terms of this Part 1. It is the intent of this Part 1 to permit these nonconformities to continue but not to permit their enlargement, expansion or extension nor to permit them to be used as grounds for the addition of other prohibited structures or uses elsewhere in the same district.
B.
To avoid undue hardship, nothing in this Part 1 shall be deemed to require a change in the plans, construction or designated uses of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Part 1 and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner, except that, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
[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:
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.
