1. Continuation of Nonconformities. All lawful uses of land, buildings, signs or other structures existing on the effective date of this Chapter may be continued, altered, restored, reconstructed, sold or maintained in accordance with the provisions of this Chapter.
2. Registration.
A. Nonconformities may be reported to the Zoning Officer by the owner, user, lessor or lessee, and be registered by the Zoning Officer within 1 year of the effective date of this Chapter. The Zoning Officer, upon proof of a legal nonconformity, may certify the existence of the nonconformity and issue a “certificate of nonconformance” along with documentation and information relating to the identified nonconformity. The Zoning Officer shall maintain a map and register showing the registration, identity, and location of nonconformities for which “certificates of nonconformance” have been issued. The Zoning Officer shall also examine such nonconformities periodically to determine that they do not expand beyond the limitations prescribed in this Chapter.
B. Should a nonconformity not be reported or identified within 1 year, the owner of the nonconformity shall have the right to show by a preponderance of the evidence to the Zoning Officer that the use or building was nonconforming upon the effective date of this Chapter.
3. Existing Nonconforming Lots of Record.
A. Any nonconforming lot, due to its lot area or dimensions, existing as of the effective date of this Chapter or created by an amendment to this Chapter may be continued although such lot does not conform to the lot requirements for the district in which it is located.
B. The following requirements apply to the development and use of a nonconforming lot.
(1) All the requirements of this Chapter shall be met with the exception of lot area and lot width.
(2) The following requirements shall apply to the development and use of the nonconforming lot:
(a) All the requirements of this Part shall be met with the exception of lot area and lot width. No lot shall be developed unless the following requirements are met:
1) Each lot shall have an approved on-lot water and wastewater system or access to public water and public sewer. Additionally, for those lots utilizing on-lot water, the minimum required isolation distance between well and on-lot wastewater system shall be provided.
2) In residential districts, only one single-family dwelling may be erected, and the following minimum side yards shall be provided:
a) Interior lots with a width of 40 feet or more, two side yards shall be provided as required by the district regulations.
b) Corner lots with a width of 55 feet or more, two front yards shall be provided. The front yard opposite the interior side yard may be reduced by the number of feet the lot width is less than the district regulations, but may not be reduced to less than the minimum side yard. The side yard shall be provided as required by the district regulations.
c) On a lot less than 40 feet in width, the required side yards shall be determined by the Zoning Hearing Board, upon application for a variance based on the same criteria as above for residential structures.
(b) On a lot in a commercial or industrial district, the required side yards shall be determined by the Zoning Hearing Board, upon application for a variance based on the same criteria as above for residential structures.
(3) Where two or more adjacent lots of record with less than the required area and/or width are held by one owner on or before the date of enactment of this Chapter, the request for a permit shall be referred to the Zoning Hearing Board which may require replatting to fewer lots which would comply with the minimum requirements of this Chapter.
4. Existing Nonconforming Uses and Buildings.
A. Alterations and Reconstruction.
(1) Repairs and structural alterations not constituting extensions, expansions or enlargements may be made to a nonconforming building or to a building occupied by a nonconforming use.
(2) Restoration of Structure or Use.
(a) A nonconforming building or other structure which has been damaged or destroyed by fire, explosion, windstorm, flood or other similar active cause to the extent of more than 60 percent of its reproduction value at the time of the damage shall not be restored except in conformity with the regulation of the district in which it is located.
(b) When damage is less than 60 percent of its reproduction value, a nonconforming building or other structure may be repaired or reconstructed and used as before the time of the damage; provided, that:
1) Such repairs or reconstruction are commenced within 1 year of the date of such damage.
2) The reconstructed building does not exceed in height, area and volume, the building destroyed.
(c) The determination of the extent of damage in terms of percent replacement value due to damage or destruction shall be made by averaging three estimates made by two certified appraisers appointed by the Borough and one insurance adjuster. The cost of such appraisals shall be borne by the property owner of the affected property.
B. Extensions, Expansions and Enlargements.
(1) Nonconforming uses or buildings occupied or used for residential or nonresidential purposes which are nonconforming and otherwise not permitted in the district in which they are located shall be allowed to expand, extend or enlarge. All extensions, expansions and enlargements of lawful nonconforming uses and buildings shall require approval as a special exception in accordance with § 27-1001 by the Zoning Hearing Board determining compliance with the following standards:
(a) Any extension, expansion or enlargement of a nonconforming building or use shall be permitted as long as the maximum building coverage is not exceeded.
(b) Any expansion or enlargement of a nonconforming building shall not exceed 35 percent of the total gross floor area of the nonconforming building from the time it became nonconforming.
(c) Any extension, expansion or enlargement shall conform to the height, area, yard and coverage regulations of the district in which it is located.
1) Extension along a Nonconforming Setback. If an existing building has a lawfully nonconforming building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming side or rear setback line, provided that:
a) The structure shall not be extended beyond the existing nonconforming setback line.
b) No additional nonconformity shall be created.
c) The new nonconforming extension shall not be greater than 25 percent of the existing floor area.
d) All other requirements of this Part are met.
e) Such addition shall not be permitted for a nonresidential building that abuts an existing primarily residential use.
(d) All required loading and/or parking spaces for any expansion or enlargement shall comply with all applicable requirements of this Chapter.
(e) Any extension, expansion or enlargement of a nonconforming building or use shall not be permitted to extend into vacant parcels of land adjacent to the parcel containing the nonconforming building or use, where such vacant parcels have been separately recorded or acquired prior to the effective date of this Chapter.
(f) Any expansions or extensions of a nonconforming sign shall comply with all provisions of this Chapter.
(g) The intensity of a nonconforming use (resulting nuisances such as air pollution, noise, glare, vibrations, delivery traffic, hazards and the like, shall not be increased.
5. Change of Use.
A. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
B. Whenever a nonconforming use has been changed to a more restricted classification or to a conforming use, such use shall not hereafter be changed to a use of less restricted classification unless in compliance with the rules for such change as outlined by this Part.
C. A nonconforming use may be changed to another nonconforming use only by the granting of a special exception by the Zoning Hearing Board in compliance with this Chapter. Where a special exception approval is required, the Zoning Hearing Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(1) Traffic safety and generation (especially truck traffic).
(2) Noise, dust, fumes, vapors, gases, odors, glare, vibration, fire, hazardous substances and explosive hazards.
(3) Amount and character of outdoor storage.
(4) Late night and early morning hours of operation if the new use would be close to dwellings.
(5) Compatibility with the character of surrounding uses.
6. Abandonment and Discontinuance. A nonconforming use shall be presumed abandoned when operations associated with the nonconforming use have ceased by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within 1 year from the date the activity stopped and the use is not actively advertised for sale or lease. Such nonconforming use shall not thereafter be reinstated except in conformance with this Chapter. A nonconforming building or land, which is actively marketed, but has not been sold or leased, shall not be considered abandoned. The applicant shall be responsible to provide evidence that the nonconformity was not abandoned.
(Ord. 2009-3, 12/16/2009, § 805)