All uses, structures, lots and signs that do not conform to
regulations of the district in which they are located, but were in
lawful existence prior to the effective date of this chapter, shall
be known and regarded as nonconforming and the following regulations
shall apply to them.
Any lawful building or other structure, or any lawful use of
a building, land or sign legally existing at the time of adoption
of this chapter, or authorized by a building permit issued prior thereto,
may be continued in the form evident at the time of adoption of this
chapter although such use does not conform to the provisions of this
chapter.
A.
Extension or enlargement. The nonconforming use of a building or
of a lot shall not be extended or enlarged, so as to use other portions
of the building or lot and a nonconforming building housing a nonconforming
or permitted use shall not be extended or structurally altered, except
insofar as is permitted by law to assure the structural safety of
the building; unless the Zoning Hearing Board shall by special exception
as hereinafter provided, authorize the extension or enlargement of
such use or building. The Zoning Hearing Board, upon proper application
may grant such special exception, provided that:
(1)
It is clear that such extension is not materially detrimental to
the character of the surrounding area or the interest of the municipality.
(2)
The area devoted to the nonconforming use shall not be increased
by more than a total of 25%.
(3)
Any extension or enlargement of the building or of a lot having a
nonconforming use shall conform to all area and bulk regulations of
the district in which it is situated and to all regulations applicable
to such a use in the district or districts in which the nonconforming
use shall be limited to the lot which was in existence at the time
of adoption of this chapter.
(4)
Any extension or enlargement of a nonconforming use must meet the
off-street parking and buffering requirements of Article X herein.
B.
Change of use. A nonconforming use may be changed to another nonconforming
use by the grant of a special exception only upon determination by
the Zoning Hearing Board, after public hearing, that the proposed
new use will be similar to or less detrimental to its neighborhood
and abutting properties than is the use it is to replace. In evaluating
relative detriment, the Zoning Hearing Board shall take into consideration,
among other things: potential traffic generation; nuisance characteristics
(such as emission of noise, dust, odor, glare and smoke); fire hazards;
and hours and manner of operation. Once changed to a conforming use,
no structure or land shall be permitted to revert to a nonconforming
use.
C.
Restoration. A structure containing a nonconforming use involuntarily
destroyed by 75% or less of its value by fire, explosion, flood or
other phenomena, or legally condemned, may be reconstructed and used
for the same nonconforming use, provided that:
(1)
Reconstruction of the structure shall commence within one year from
the date the structure was destroyed or condemned and shall be completed
within one year of the date commenced.
(2)
The reconstructed structure shall not exceed area and bulk of the
damaged or destroyed structure, except as provided by Subsection A above.
D.
Discontinuance. If a nonconforming use of a building or land is discontinued
or otherwise totally ceases for a continuous period of one year or
more, subsequent use of such building or land shall conform to the
provisions of this chapter.
E.
Abandonment. If a conforming use of a structure or land is raised,
removed or abandoned for 12 consecutive months, subsequent use of
such building or land shall conform with the regulations of the district
in which it is located. However, the same or another nonconforming
use shall be allowed, provided the request for the nonconforming use
is filed and approved by the Zoning Hearing Board within the twelve-month
period. The permit application for such approval shall be filed within
30 days after the decision of the Zoning Hearing Board with regard
to the nonconforming use.
A.
Extension or enlargement.
(1)
Nonconforming structures may be altered, renovated, or enlarged,
provided that such alteration, renovation or enlargement does not
increase the floor area of the nonconforming structure by more than
25% of the floor area of the structure as it existed on the date when
the structure became nonconforming. Such alteration, renovation or
enlargement shall be authorized as a special exception by the Zoning
Hearing Board and shall not increase any existing nonconformity and
shall comply with all area and bulk regulations. In the case of a
nonconforming structure, which is occupied by a nonconforming use,
such alteration, renovation or enlargement shall also meet the requirements
of § 250-89A of this article. In the case of a nonconforming
structure, which is located on a nonconforming lot, such alteration,
renovation or enlargement shall also meet the requirements of § 250-89C of this article.
(2)
Any structural alteration, extension or addition to existing buildings
shall conform with all area, height, width, yard and coverage requirements
for the district in which it is located as well as building code regulations
currently in effect.
(3)
Any extension or enlargement of a nonconforming structure must meet
the off-street parking and buffering requirements of Article X herein.
B.
Restoration. Any lawful nonconforming building or other structure
which has been involuntarily damaged or destroyed by 75% or less of
its value by fire, explosion, windstorm, other active cause or legally
condemned may be reconstructed in the same location, provided that:
(1)
The reconstructed building or structure shall not exceed the height,
area or bulk permitted by § 250-89A or the original building,
whichever shall be the more limited, except as specified by § 250-89A.
(2)
Reconstruction shall begin within one year from the date of damage
or destruction and shall be completed without interruption.
C.
Change of use. The use of a nonconforming structure may be changed
to another nonconforming use if such currently exists, or to a conforming
use when authorized as a conditional use by the Borough Council and
subject to § 250-100 of this chapter.
A.
A building may be constructed on a nonconforming lot of record in
existence at the effective date of this chapter. If the side, rear
or front yard setback requirements cannot be met, a special exception
may be authorized by the Zoning Hearing Board. Contiguous nonconforming
lots under common ownership shall be considered one lot.
B.
No lot area shall be reduced so that the area or width of the lot
or the applicable setback dimensions shall be smaller than herein
prescribed.
C.
An existing structure located on a lot nonconforming as to area may
be used for the use permitted in the district in which it is located,
provided the structure complies within all bulk requirements of that
district. If a nonconforming structure is located on a nonconforming
lot, such structure may be used for a use permitted in the district
in which it is located when it is determined by the Zoning Hearing
Board on appeal, that the proposed use is not injurious to health,
safety, morals, and general welfare of the Borough in general and
the surrounding property owners in general and the surrounding property
owners in particular, and provided that the requirements of § 250-89C are met.
Any existing nonconforming signs, signboards, billboards or
advertising device shall either be discontinued and removed, or changed
to a conforming sign within the period of five years from the effective
date of this chapter, subject to the following:
A.
Area. The total area of all such signs relating to a single use at
the effective date of this chapter, or at the effective date of any
amendment of this chapter by which any sign shall be made nonconforming,
shall not be increased.
B.
Replacement. No such sign shall be physically altered or replaced
except for relettering. Nonconforming signs, once removed, may be
replaced only by conforming signs unless authorized by the Zoning
Hearing Board.
C.
Discontinuance. Whenever any nonconforming use of building, structure,
or land, or of a combination of buildings, structures, and land ceases
as prescribed in § 250-89C, all signs accessory to such
use shall be deemed to become nonconforming and shall be removed within
three calendar months from the date such use terminates.
D.
Every sign for a nonconforming building, structure or use shall either
be discontinued and removed, or changed to conform to the specific
regulations of the district in which it is located and comply with
Article XI herein.
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