§ 156.105 NONCONFORMING USES AND STRUCTURES.
   (A)   The following provisions shall apply to all nonconforming uses and structures. It is the intention of the borough that all legal nonconforming uses and structures shall be able to continue; however, all changes in such uses shall only be as in compliance in this subchapter.
      (1)   Any nonconforming use may be changed to a use of the same or a more restrictive classification (such as a conversion from industrial use to commercial use). Such conversion of a nonconforming use to another nonconforming use shall be regarded as a conditional use. In considering this conditional use, the Borough Council may add reasonable additional conditions and safeguards.
      (2)   Any nonconforming structure or use which has been damaged or destroyed by fire, or any other means, may be reconstructed and used as before, if intent to rebuild is expressed within six months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Borough Council, a reconstructed structure may exceed its original lot coverage and cubic content but must meet the minimum yard requirements of the district in which the structure is located. The process for reviewing such an expansion shall be consistent with that for land developments under Article IV of the Pennsylvania Municipalities Planning Code (53 P.S. §§ 10401 to 10408) and the borough subdivision regulations (Chapter 156).
      (3)   In the event that any nonconforming use voluntarily ceases, for whatever reason, for a period of one year, such nonconforming use shall not be resumed and any further use shall be in conformity with the provisions of this chapter. A nonconforming use that is converted to a conforming one may not revert to the previous nonconformity.
      (4)   With approval of the Zoning Officer, the nonconforming use of a portion of a building may be extended throughout those parts of the building which were manifestly arranged or designed for such use at the time of adoption of this chapter.
      (5)   A nonconforming use or structure may, with the approval of Borough Council, be extended, enlarged or replaced if such expansion does not occupy an area greater than 50% more than the structure occupied prior to such expansion, enlargement or reconstruction. Furthermore, such structures must meet the minimum yard regulations and height restrictions of the district in which the structure is located. The expansion of a nonconforming use under this section shall be regarded as a conditional use meeting § 156.055 and standards of this division (A). In considering this conditional use, the Borough Council may add reasonable additional conditions and safeguards. Conditional use standards for change, conversion or expansion of nonconforming uses:
         (a)   If the nonconforming use is a residential nonconformity, no expansion will result in a greater number of dwelling units;
         (b)   The nonconformity may not extend to any property beyond the original lot, parcel or tract upon which it is located;
         (c)   The nonconformity may not extend to any property beyond the original lot, parcel or tract upon which it is located;
         (d)   The Council may limit the hours of operation as a reasonable condition and safeguard;
         (e)   The expansion will not increase any unscreened outdoor storage area; and
         (f)   The Council may require screening to mitigate any effect upon surrounding properties.
   (B)   Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter.
   (C)   Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification or the allowed uses of any district change, this subchapter shall also apply to any uses which thereby become nonconforming.
   (D)   Expansion and construction of nonconforming single-family dwellings: in any district in which single-family dwellings are permitted, notwithstanding other limitation imposed upon such by other provision of this chapter, a single-family dwelling and permitted accessory uses may be erected upon a lot of record. Likewise single-family dwellings on lots of record may be extended or expanded to an extent that encroaches on the established side yards for the district, provided:
      (1)   The applicant demonstrates to the Zoning Officer that the dwelling and lot predate the zoning classification;
      (2)   The applicant presents the Zoning Officer with a sketch of the proposed extension or expansion that shows that all improvements are upon the applicant’s property;
      (3)   The applicant does not own sufficient land on the lot or a separate abutting lot to expand and remain within the standards for the district as expressed in §§ 156.035 through 156.044; and
      (4)   In such cases, the alternative side or rear yard standard shall be equal to the distance that the principle structure on the abutting lot is from the applicant’s property line. However, the alternative standard shall not result in any improvement that places a dwelling closer than four feet from the property line.
   (E)   Front yard averaging: where a structure exists on an adjacent lot and/or is within 150 feet of the proposed structure, and the existing structure has a front yard less than the minimum depth required, the minimum front yard shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth required for the district; where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yards of the existing adjacent structures. However, this shall not result in a setback of less than four feet.
(1980 Code, Ch. 28, Part 5, § 28-501) (Ord. 1419, passed 9-16-2013, § 501)