A. 
Attached structures. An accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
B. 
Nonattached structures. An accessory structure, standing apart from the principal structure, is permitted only in a rear yard. The following provisions, however, set forth modifications to this regulation, as well as additional regulations governing nonattached structures.
(1) 
In the RT and VC Zones, such a structure may be located within the required front setback area from a local street, as identified in the Jefferson Borough Circulation Plan (which is on file in the Borough office and its content is incorporated here by reference), provided that it is located in the rear yard and is at least 20 feet from the street line.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
In the RT, RO and VC Zones, an accessory utility shed, as defined in this chapter, is permitted in the rear yard, provided that it is at least three feet from any street line or lot line.
(3) 
Apartments or other living quarters shall not be permitted in any accessory structure except provided by exception in § 198-44.
(4) 
Other than as listed above, for all other requirements, a nonattached structure is considered the same as a principal building.
C. 
Fences and walls. In all zones, a fence (except a pool fence) or wall (except a retaining wall of a building permitted under the terms of this chapter) shall not exceed a height of more than three feet in a front yard or front setback area and shall not exceed a height of four feet in a side or rear yard area, provided that it is not located within any front setback area, unless authorized by a variance.
[Amended 12-7-2015 by Ord. No. 2015-01]
(1) 
In all zones.
(a) 
Fences may be located up to, but not on, the lot line. However, if vegetation or other plantings are to be planted to form a wall or fence, such plantings must be planted at least three feet from any property line.
(b) 
A clear sight triangle must be maintained at all street intersections.
(2) 
In the RO, RT and VC Zones, no barbed wire or electric fences shall be permitted.
D. 
Solar and wind energy facilities. Solar or wind energy systems, either as part of a structure or as an independent structure, providing a significant fraction of the electricity, space heating, space cooling or domestic hot water heating for a permitted use in any zone shall be permitted as accessory uses subject to the following constraints:
(1) 
Solar energy systems.
(a) 
Solar energy systems shall be permitted in any yard area except the front yard area. Flush-mounted units, however, may be mounted on any side of the structure.
(b) 
No solar energy system located on the ground shall exceed a height of eight feet. No solar energy system mounted on a roof shall project more than five feet above the peak of the roof.
(c) 
The maximum ground coverage of a structure supporting a solar collector shall not exceed 25% of the area of the ground floor of the principal building. Solar collectors and/or solar energy systems, however, shall not be included in the lot coverage calculations, provided their installation will not create adverse stormwater problems and will not significantly detract from the groundwater recharge potential of the immediate vicinity.
(d) 
Solar energy systems may be located within 10 feet of a side or rear property line, provided that no portion of the structure or architectural features needed for operation of the system projects over the property line; its location does not interfere with sight distance at street intersections; and that existing solar energy systems will not be substantially impaired by shadowing more than 10% of the collector area between 9:00 a.m. and 3:00 p.m. on a clear winter solstice (December 21) day.
(2) 
Wind energy systems.
(a) 
Wind energy systems shall be permitted in any yard area except the front yard area.
(b) 
The setback from any lot line must be equal to the height of the tower, plus the length of the longest extension of the rotor.
(c) 
Climbing access to the tower shall be secured from use by unauthorized persons.
E. 
Satellite dish antenna. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit shall be subject to the following constraints:
(1) 
Such devices shall not be placed within any required setback area.
(2) 
Satellite dish antenna shall be permitted only in the rear yard area, provided that no portion of the structure projects over the lot line.
(3) 
No ground-mounted dish antenna on any residential lot shall exceed an overall diameter of 12 feet or an overall height of 15 feet.
(4) 
No roof-mounted dish antenna shall project more than five feet above the peak of the roof.
(5) 
Only one satellite dish antenna is permitted per residential building lot.
F. 
Outdoor swimming pools. The following regulations apply to any pool or open tank capable of containing water to a depth greater than 1 1/2 feet:
(1) 
Every outdoor swimming pool shall conform to all applicable requirements of state law.
(2) 
An outdoor swimming pool is permitted only in the side or rear yard area, and must be at least 10 feet from the side and rear lot lines, except triple frontage lots, in which case swimming pools are permitted in the side or front yard area, but not in the front yard area where the front wall of the principal building is situated, and must be at least 10 feet from the side and front lot lines.
[Amended 12-7-2015 by Ord. No. 2015-01]
(3) 
Every outdoor swimming pool must be completely surrounded by a fence or wall that has a height of not less than four feet above the ground or as required by state law. The fence or wall shall be constructed so as not to have openings, holes or gaps larger than six inches in any dimension. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
[Amended 12-7-2015 by Ord. No. 2015-01]
(4) 
All aboveground pools shall have access by a removable or retractable locking ladder.
(5) 
Aboveground pools shall be considered to have an existing fence or wall, thus satisfying the requirement of Subsection F(3) above.
(6) 
Water shall not be discharged from any swimming pool onto any adjoining property.
A. 
Abandoned or junked motor vehicles. Except as provided in § 198-63, abandoned or junked motor vehicles must be stored in accordance with Chapter 107, Property Maintenance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Recreational vehicles, trailers and trucks. In the residential zone, recreational vehicles, trailers and/or trucks with a vehicle rating over one ton shall not be stored or parked for a period in excess of three days, November through April, in the area between the street line and the line formed by the front wall of the principal building extended the full width of the lot. On-street parking of the above, for a period in excess of 24 hours, is prohibited in all zones.
C. 
Outdoor stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in any front yard area.
D. 
Trash, garbage, refuse or junk. Except as provided in § 198-63, or other Borough ordinances, the outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 15 days is prohibited in all zones.
In all zones, the retail sale of agricultural products is permitted on the property where they were produced, provided that the sale of such products is clearly accessory to the principal use of that property.
Except as provided in § 198-55, the keeping of livestock shall be permitted as use by right in the Industrial Zone subject to the following requirements:
A. 
All areas used for pasturing, grazing or exercise shall be securely fenced to prevent the escape of livestock. Such fencing may be located up to, but not on, the property line.
B. 
All livestock, except while pasturing, grazing or exercising, shall be housed in a building erected or maintained for the purpose.
C. 
The building required by Subsection B hereof shall not be erected or maintained within 100 feet of any land zoned or used for residential purposes.
D. 
The accumulation and storage of manure or other odor producing substances shall not be permitted within 100 feet of any lot line. Such substances shall be stored, and disposed of within two weeks, so as not to create a health hazard or nuisance.
Garage, yard, attic, barn, patio or similar types of residential sales shall be permitted in all zones subject to the following conditions:
A. 
The period of the sale shall not exceed four days during two consecutive weeks.
B. 
The time of the sale shall begin not earlier than 9:00 a.m. and shall extend not later than 9:00 p.m., prevailing time, on each day thereof.
C. 
Only goods and property of the applicant shall be sold and such goods and property shall not have been purchased or otherwise acquired by the applicant for the purpose of resale.
D. 
Goods and property shall be displayed only on the day of the sale.
E. 
No household shall receive a permit for more than one sale per calendar year.
A. 
Front setbacks from major thoroughfares. For the purpose of protecting residential use from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, buildings (including residential and nonresidential buildings) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare in all zones except the Village Center Zone. Major thoroughfares are the arterial streets and collector streets as specified in the Thoroughfare Plan component of the Jefferson Borough Comprehensive Plan (see "Comprehensive Plan") plus any street constructed to meet the arterial or collector street design standards as set forth in Chapter 158, Subdivision and Land Development.
B. 
Front setback of buildings on built-up streets. Where at least two buildings are fronting on the same side of the street as the lot in question, within the same block as the lot in question, set back a lesser distance than required, and not more than 100 feet from the lot in questions, the average of the lesser setbacks shall become the required minimum front setback for the lot.
C. 
Setback on corner lots, double frontage, reverse frontage and triple frontage lots. In the case of corner, double frontage and reverse frontage lots, two front setbacks and two side setbacks shall be provided. In the case of a triple frontage lot, a front setback shall be provided from each street and the remaining setback shall be a side setback.
D. 
Accessory or appurtenant structures and architectural features. The setback regulations do not apply to the following, provided that they are not located within the clear sight triangle:
(1) 
Student shelters at school bus stops; telephone booths; minor utility structures.
(2) 
Cornices, eaves, chimneys, steps, canopies and similar extensions, including unenclosed and uncovered porches, decks and patios.
(3) 
Open fire escapes.
(4) 
Articles or ornamentation or decoration.
(5) 
Retaining walls.
E. 
Sight distance:
(1) 
Proper sight lines must be maintained at all street intersections. Measured along the center line of the street, there must be a clear sight triangle (See Appendix 3[1]) with sides as follows:
Street
Clear Sight Triangle Side
(feet)
Arterials
150
Collector streets
100
Local and cul-de-sac streets; alleys
75
[1]
Editor's Note: Appendix 3 is on file in the Borough office.
(2) 
No building or construction is permitted in this area except as follows:
(a) 
Obstructions or plantings less than three feet in height.
(b) 
If not obstructing view of traffic, post columns and trees not exceeding one foot in diameter.
The height regulations do not apply to the following projections, provided that the height of any such projection above its base shall not be greater than the shortest distance measured along a horizontal plane from such base to any lot line:
A. 
Structures such as chimneys, standpipes, flagpoles, television antennas (excluding residential satellite dish antennas) or radio towers.
B. 
Structures on buildings such as clock towers, cupolas, water tanks, and other mechanical appurtenances, if such structures, at any level, do not cover more than 25% of the roof on which they are located.
C. 
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet in height above the roof line.
All dwelling units must conform to the minimum habitable floor area as follows:
A. 
Single-family and two-family dwellings: 800 square feet per dwelling unit.
B. 
Multifamily dwellings and two-family conversions: 600 square feet per dwelling unit.
C. 
Accessory dwelling unit: 400 square feet per dwelling unit.
A. 
General regulations for all signs.
(1) 
Determination of size. The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of open signs made up of letters, figures and designs the space between such letters, figures and designs shall be included. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal size.
(2) 
Location/projection of signs:
(a) 
Signs must be located so that they do not interfere with any clear sight triangle as defined by this chapter.
(b) 
For all uses, an advertising sign and a business sign must be at least 60 feet apart, and no sign exceeding 30 square feet in area may be located within 75 feet of a residential zone.
(c) 
No sign may project over a public sidewalk area or over a public highway or street unless specifically authorized by other Borough or state regulations.
(d) 
Sidewalk signs shall be placed in such a manner so as not to extend more than three feet from the building line. In any event, a minimum four-foot pedestrian area must be maintained from the curb to the sign so as not to obstruct pedestrian traffic.
(3) 
Illumination of signs:
(a) 
Flashing, rotating and intermittent lights are not permitted.
(b) 
Signs permitted in the residential zones shall be illuminated only by indirect lighting and shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m.
(c) 
A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any residence within 100 feet or so it does not obstruct the vision of motorists.
(d) 
Signs which are illuminated in the colors red, green, or amber, either by colored bulbs or tubing, or in high reflection by the use of special preparations such as fluorescent paint or glass, may not be located within a radius of 200 feet of a highway traffic light or similar safety device or from the center of any street intersection.
(4) 
Advertising painted upon, or displayed upon, a barn or other building or structure shall be regarded as an advertising sign board and the regulations pertaining thereto shall apply.
(5) 
Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window, announcing a sale or similar feature, provided that the latter shall not occupy more than 33 1/3% of the total display window area for a period not to exceed 10 days. Such signs shall be permitted in addition to any of the specific sign types designated on the charts to follow.
(6) 
Construction and maintenance. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.
(7) 
Termination of enterprise. Upon termination or abandonment of a commercial or industrial use, all signs pertaining to the enterprise must be removed.
B. 
Permitted permanent signs. Only the types of permanent signs listed in the Table of Permitted Permanent Signs, which follows, shall be permitted throughout the Borough. Permanent signs must conform to the standards set forth in the Table of Permitted Permanent Signs, as well as satisfy the general regulations of Subsection A of this section. Building permits shall be required for all permanent signs.[1]
[1]
Editor's Note: The Table of Permitted Permanent Signs is located at the end of this chapter.
C. 
Permitted temporary signs. Only the types of temporary signs listed in the Table of Permitted Temporary Signs, which follows, are permitted throughout the Borough. Temporary signs must conform to the standards set forth in the Table of Permitted Temporary Signs, as well as satisfy the general regulations of Subsection A of this section.[2]
[2]
Editor's Note: The Table of Permitted Temporary Signs is located at the end of this chapter.
D. 
Advertising signs. Advertising signs shall be permitted in the Industrial Zone subject to the provisions of Subsection A of this section and the following criteria:
(1) 
Only one advertising sign per lot shall be permitted.
(2) 
No advertising sign shall exceed an overall size of 50 square feet, nor exceed 35 feet in height.
(3) 
No advertising sign shall be located within 300 feet of another advertising sign.
(4) 
All advertising signs shall be a minimum of 25 feet from all side and rear property lines.
(5) 
All advertising signs shall be set back a minimum of 25 feet from any street right-of-way line.
(6) 
No advertising sign shall obstruct the vision of motorists or adjoining commercial or industrial uses which depend upon visibility for identification.
A. 
Size of parking space. Each parking space must have an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant to the space and giving access to it, and be a minimum of 10 feet wide by 20 feet deep. Where five or more parking spaces are required, the total parking area, including passageways and driveways, must average 300 square feet per required parking space.
B. 
Spaces required. Off-street parking spaces must be provided for each building erected, altered, enlarged or converted, or for each principal use, whichever will result in the greater number of spaces, in accordance with the provisions listed on the Table of Off-Street Parking Spaces, which follows.[1]
[1]
Editor's Note: The Table of Off-Street Parking Spaces is located at the end of this chapter.
C. 
Parking facilities for the physically handicapped. Parking facilities shall be provided as follows:
(1) 
A minimum of one handicapped parking space shall be reserved for each 25 off-street parking spaces or fraction thereof in a parking area/lot having 100 or less spaces. For an off-street parking area/lot having more than 100 spaces, four handicapped spaces shall be reserved for the first 100 spaces plus one space shall be reserved for each additional 50 parking spaces or fraction thereof.
(2) 
Parking spaces for the physically handicapped shall be located as close as possible to ramps, walkways, entrances and elevators. Where feasible, such spaces shall be located so that the physically handicapped are not forced to wheel or walk across main traffic lanes or behind parked cars to reach the facilities.
(3) 
Each space for the physically handicapped shall be a minimum of 20 feet in length by 12 feet in width and shall be identified by a sign stating that the space is reserved by law for the physically handicapped.
D. 
Location. Except as restricted elsewhere in this chapter, ground level parking areas are not permitted in the front yard of any property except in the Industrial Zone or as an accessory use to a principal, nonresidential use, provided that it is at least 10 feet from any property line. The parking area must be on the same or nearby premises. If on nearby premises:
(1) 
The nearest point of the parking lot shall be no further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of an industrial use.
(2) 
The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant.
E. 
Layout. Every parking lot shall be connected to a street by means of an access drive. Parking must be arranged so there will be no need for motorists to back over:
(1) 
Local streets, except in the case of residential uses.
(2) 
Major thoroughfares.
F. 
Separation from streets and sidewalks. For multifamily and nonresidential uses, where a parking area or other area open to movement of vehicles abuts the right-of-way of a public street, sidewalk or walkway, a pipe railing, post and chain barricade, raised curbs or equally effective devices satisfactory to the Borough Engineer must line the public right-of-way, sidewalk or walkway, except at access points, so that parked vehicles will not extend into the street right-of-way, sidewalk or walkway.
G. 
Paving.
(1) 
All required parking areas and all driveways and access drives shall be surfaced with a bituminous or concrete paving material in order to minimize maintenance and dust problems.
(2) 
All paving within the Borough right-of-way shall conform to § 158-43 of Chapter 158, Subdivision and Land Development.
H. 
Drainage. All parking lots shall be drained so as to prevent damage to other properties or public streets. All parking lots shall be designed to prevent the collection of standing water on any portion of the parking lot surface. A parking lot for more than five vehicles shall require a land development plan be submitted to the Borough as required in Chapter 158, Subdivision and Land Development.
I. 
Lighting. Adequate lighting shall be provided if the parking lot is to be used at night. Such lighting shall be arranged so as not to reflect or glare on adjoining properties or streets.
A. 
Size; surfacing. The loading space must be not less than 12 feet in width, 40 feet in length, and 14 feet in height. It must be surfaced with a bituminous or concrete paving material.
B. 
Spaces required. Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:
Type of Use
Number of Loading Spaces
Manufacturing, storage, display or sale of goods, hospitals and sanitaria
One space for a gross floor area of 5,000 to 25,000 square feet and one additional space for each 10,000 square feet of gross floor area in excess of 25,000 square feet.
Offices, hotels, theaters or similar uses
One space for a gross floor area of from 20,000 to 100,000 square feet and one additional space for each 40,000 square feet of gross floor area in excess of 100,000 square feet.
C. 
Layout. The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area. Off-street loading spaces shall not interfere with off-street parking spaces or the Borough streets.
A. 
Width. Within 10 feet of the street right-of-way, driveways may not exceed 20 feet in width or be less than 10 feet in width. The width of access drives shall be at the discretion of the Borough Engineer.
B. 
Number. The number of driveways/access drives may not exceed two per lot on any one street frontage, however on a lot of less than 200 feet of frontage, the number of driveways/access drives may not exceed one per lot. The Zoning Hearing Board may grant permission by special exception for additional driveways/access drives where required to meet exceptional circumstances and where frontage of unusual length exists.
C. 
Location. Driveways/access drives may not enter a public street:
(1) 
Within 60 feet of the street right-of-way line of an intersecting street.
(2) 
Within five feet of a fire hydrant.
(3) 
Within 50 feet of another driveway/access drive on the same property.
(4) 
Within five feet of a property line.
D. 
Angle of intersection. The minimum angle between the center line of the driveway/access drive and the street shall be not less than 65°.
E. 
Sight distances. A driveway/access drive must be located in safe relationship to sight distance and barriers to vision. A clear sight triangle of 75 feet as measured along the street center line and 10 feet along the driveway/access drive center line commencing at the street right-of-way line must be maintained for all driveways and access drives (See Appendix 3[1]). Permanent obstructions or plantings shall not exceed a height of three feet in the clear sight area.
[1]
Editor's Note: Appendix 3 is on file in the Borough office.
F. 
Slope, cuts. A driveway/access drive may not exceed a slope of 5% within 25 feet of the street right-of-way line. Where a driveway/access drive enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 4:1 (horizontal:vertical) in slope within 25 feet of the point at which the driveway/access drive intersects the street right-of-way. The height of the bank must not exceed three feet within 10 feet of the street right-of-way or property line.
G. 
Paving. A driveway/access drive shall be surfaced with a bituminous or concrete paving material.
Where an industrial or commercial use is proposed in the Village Center or Industrial Zone and it abuts a residential zone or use, except for street or alley frontage:
A. 
A fence or screen planting acceptable to the Borough is required to be erected to screen from view the industrial or commercial use.
B. 
The space along the side lot line in the Village Center or Industrial Zone abutting a residential zone for 20 feet in depth may not be used for commercial or industrial operations. This area must be suitably landscaped and maintained; however, parking is permitted within the interior 10 feet of the twenty-foot buffer strip.
No principal building or structure shall be erected, structurally altered or relocated on land which is not adequately drained at all times in accordance with the following:
A. 
Lot drainage. Lots shall be laid out and graded to provide positive drainage away from new and existing buildings and on-site sewage disposal facilities and to prevent the collection of stormwater in pools.
B. 
Nearby existing facilities. Where adequate existing storm sewers are readily accessible, the developer must extend the existing facilities and connect his stormwater facilities to these existing storm sewers.
C. 
Open drainageways. Open drainageways shall not be accepted for the conveyance of concentrated stormwater flow, unless recommended by the Borough Engineer. The Borough Engineer shall review the design of such open drainageways in relation to the following:
(1) 
Safety. Steep banks and deep pools shall be avoided.
(2) 
Erosion. Adequate measures shall be taken, such as seeding, sodding, paving, or other measures as necessary to prevent the erosion of banks and the scouring of the channel.
(3) 
Stagnation. Design of open drainageways shall not create stagnant pools or swampy areas.
D. 
Drainage upon adjacent properties:
(1) 
In the design of storm drainage facilities, special consideration must be given to preventing excess runoff onto adjacent properties. When a storm drainage outlet will discharge upon another property, the developer must secure the approval in writing of the adjoining affected owners. In no case may a change be made in the existing topography which would:
(a) 
Within a distance of 20 feet from a property line to the beginning of the slope result in increasing any portion of the slope to more than 4:1 (horizontal:vertical).
(b) 
Result in a slope which exceeds the normal angle of slippage of the material involved.
(2) 
All slopes must be protected against erosion.
E. 
Drainage onto streets:
(1) 
In order to minimize surface water drainage onto streets, a building or structure on a lot and its driveways must be at a grade in satisfactory relationship with the established street grade, or with the existing street grade where none is established. All grading must be designed to accomplish the following:
(a) 
Gutters adjacent to shoulders. When gutters are provided in cut areas, the water shall not encroach upon the shoulder during a ten-year frequency storm of five minute duration. Frequent and/or sustained flooding of the subbase shall be avoided.
(b) 
Curbed sections. The maximum encroachment of water on the roadway pavement shall not exceed half of a through traffic lane or one inch less than the depth of curb during a ten-year frequency storm of five minute duration.
(2) 
Inlets shall be provided to control the encroachment of water on the pavement.
F. 
Obstruction to drainage prohibited. The damming, filling or otherwise interfering with the natural flow of a surface watercourse is not permitted without approval of the Borough Council and the Pennsylvania Department of Environmental Protection.
Where a use involves exterior lighting, the lighting must be so located and shielded that no objectionable illumination or glare is cast upon adjoining properties or so it does not obstruct the vision of motorists.
Demolition of any structure must be completed within nine months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is completed within nine months of the issuance of a permit. All evidence of the structure which was demolished must be removed from the exterior surfaces of the remaining building.
A building, the foundation of which was completed before an amendment, may be constructed without being bound by the requirements of the amendment if the construction is completed within one year after the amendment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
On a lot held in single and separate ownership on February 8, 1978 (the effective date of the Borough's original Zoning Ordinance), or any amendment thereto creating a lot, which does not fulfill the regulations for the minimum lot area and/or lot width for the zone in which it is located, a building may be erected, altered and used and the lot may be used for a conforming (permitted) use, provided the setbacks are not less than the minimum specified in the chapter for the zone in which the lot is located.
A. 
From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in Chapter 158, Subdivision and Land Development, and while such application is pending approval or disapproval, no enactment or amendment of this chapter shall affect the decision on such applications adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provision of this chapter as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.
B. 
When a preliminary or final subdivision or land development plan has been approved, or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment in this chapter shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.
A. 
Continuance:
(1) 
Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use of land or building does not conform to the use regulations specified by this chapter for the zone in which such land or building is located.
(2) 
Except as otherwise provided in this section, any area or dimensional nonconformities lawfully existing at the date of the adoption of this chapter may be continued.
B. 
Expansion:
(1) 
Upon application for a special exception and in accordance with the provisions of §§ 198-42 and 198-69, the Zoning Hearing Board may approve the expansion of a use of land or building which is not in conformance with the provisions of this chapter.
(2) 
An existing principal building or structure which does not conform to building setback requirements may be altered or expanded within the required setback area, provided that such alteration or expansion:
(a) 
Does not exceed the maximum lot coverage permitted in the zone in which located.
(b) 
Does not extend beyond that part of the building or structure which is in nonconformance with the existing building setback requirements or within three feet of the property line, whichever is greater.
(c) 
No new dimensional nonconformities shall be created. For example, the expansion shall not extend into the required rear setback area if a dimensional nonconformity does not presently exist there.
(d) 
A letter must be obtained from the adjoining property owner stating that they have no objection to the expansion.
(3) 
Any expansion that will reduce the extent of an existing nonconformity shall not require special exception approval.
C. 
Replacement. A nonconformity may be replaced only in conformance with the provisions of this chapter. This includes, but is not limited to, the removal of mobile or modular buildings or structures. If such a nonconforming building or structure is removed, it cannot be replaced unless it conforms to all requirements of this chapter.
D. 
Restoration. If any nonconformity is destroyed by reason of wind storm, fire, explosion, or other act of God or a public enemy, to an extent of more than 75% of the market value as appraised for tax assessment purposes, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired except upon issuance of a variance in accordance with § 198-41 of this chapter. Nothing in this chapter shall prevent any wall, floor or roof which has been declared unsafe from being strengthened or restored to a safe condition.
E. 
Abandonment. A nonconforming use shall be presumed as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
F. 
Reversion. No nonconformity shall, if once changed to conform to this chapter, be changed back again to a nonconformity.
G. 
Zone changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.
H. 
Identification and registration. Nonconforming uses and nonconforming structures may be identified and registered by the Zoning Officer.