The districts established by this chapter constitute the proper location for the specific enumerated uses, buildings, and other structures permitted therein (exclusive of nonconforming signs, which are addressed in Article VII, § 425-81). Within such districts, however, there exist nonconformities that were lawfully in existence before the effective date of this chapter, but are now prohibited under the terms of this chapter. Future amendments to this chapter may be expected to create additional nonconformities.

The legitimate interests of those who established these nonconformities are recognized in this chapter by permitting such nonconformities to continue, subject to regulations for and limitations upon their completion, restoration, reconstruction or extension. It is recognized, however, that nonconformities substantially and adversely affect the orderly development, maintenance, use, and taxable value of other property in the district, property that is itself subject to the regulations of this chapter. In order to secure eventual compliance with the standards of this chapter, it is, therefore, necessary to strictly regulate nonconformities and to prevent the reestablishment of nonconformities that have been discontinued.

Accordingly, the following sections divide nonconformities into five classes and provide appropriate regulations for each class. These classes are:

In the case of existing residential uses and structures in any nonresidential zone, regulations for the geographically closest residential district for setbacks, height, areas and coverage shall apply.

A prerecorded nonconforming lot is a lot consisting entirely of a tract of land that:

The side yard setbacks for the development of a prerecorded nonconforming lot shall be as follows:

Ordinary repair and maintenance.

Repairs and alterations. Repairs, maintenance, alterations, and modernization may be made to a nonconforming building or structure, except that no structural alteration shall be made in or to such building or structure except those required by law and except those making the building or structure and use thereof conform, or more closely conform, to the regulations of the district in which it is located.

Enlargements. No nonconforming building shall be enlarged or added to in any manner unless such building and the use thereof shall thereafter conform to, or more closely conform to, the regulations of the district in which it is located.

Reconstruction. In the event that a nonconforming building or structure used for a permitted use is damaged or destroyed by any means, to such an extent that the cost of restoring it to its condition prior to damage or destruction exceeds 50% of the current replacement cost of the entire building, exclusive of foundations, such building and use shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located.

Moving. No nonconforming building or other structure shall be moved in whole or in part for any distance whatever, to any other relocation on the same lot or any other lot, unless the entire building and the use thereof shall thereafter conforms to the regulations of the district in which it is located after being moved.

Expansion of a nonconforming use. A nonconforming use (which lawfully existed prior to the enactment of this chapter or any amendments thereto) of a part of a building or structure may be expanded or extended into any other portion of such building or structure, provided that such expansion or extension shall not in any case be detrimental to or tend to alter the character of the neighborhood and that approval therefor be granted by the Zoning Hearing Board.

Change of a nonconforming use. A nonconforming use (which lawfully existed prior to the enactment of this chapter or any amendments thereto) all or partially conducted in a structure or structures may be changed to another nonconforming use only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be more conforming to its neighborhood and surroundings than the use it is to replace. In determining such relative conformity, the Board shall review the written report of the Zoning Officer, which may include the recommendations of the Planning Commission. This report shall take into consideration such factors, among others, as traffic generated, nuisance characteristics, such as emission of noise, dust, odors and smoke, creation of vibrations and fire hazards, the hours and manner of operation. The Zoning Officer may request the assistance of other applicable Borough agencies in preparing his or her report.

Discontinuance of a nonconforming use. A use occupying a building or structure not conforming to the regulations of the district in which it is located that is discontinued during any continuous period of 12 months, shall not be continued and said building or structure shall only be occupied by a use which conforms to the district in which it is located.

Reconstruction. In the event that a conforming building or structure containing a nonconforming use is damaged or destroyed by any means, voluntary or involuntarily, said building may be restored. If the owner chooses to reconstruct the conforming building or structure, the nonconforming use must be reinstated within 12 months from the date of any said damage or destruction.

Moving. No building or other structure that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part for any distance, whatsoever, to any other lot unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved, in whole or in part for any distance whatsoever, to any other location on the same, or any other lot, unless such use shall thereafter conform to the permitted uses and regulations of the district in which it is located after being moved.

Ordinary repair and maintenance of nonconforming building or structure.

Repairs and alterations to a nonconforming building or structure. Repairs, maintenance, alterations, and modernization may be made to a nonconforming building or structure, except that no structural alteration shall be made in or to such building or structure, except those required by law, and except those making the building or structure and use thereof conform, or more closely conform, to the permitted uses and regulations of the district in which it is located. The only exception to this subsection is that any alteration or addition that simply "squares off" an existing L-shaped structure (i.e., adding a porch or room to the back, side or front of a structure; which addition does NOT extend further into the side, back or front yards than the already existing legal, nonconforming structure) is permitted. Any such alteration or addition may not, however, extend into the clear sight triangle.

Enlargements of a nonconforming building or structure. No nonconforming building or structure shall be enlarged or added to in any manner unless such building or structure shall thereafter conform to, or more closely conform to, the permitted uses and regulations of the district in which it is located.

Expansion of nonconforming use. A nonconforming use of a part of a nonconforming building or structure (which lawfully existed prior to the enactment of this chapter) may be expanded or extended into any portion of such building or structure, provided that such expansion or extension shall not in any case be detrimental to or tend to alter the character of the neighborhood and that approval therefor was granted by the Zoning Hearing Board.

Change of nonconforming use. A nonconforming use all or partially conducted in a nonconforming structure or structures (which lawfully existed prior to the enactment of this chapter or any amendments thereto) may be changed to another nonconforming use only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be more conforming to its neighborhood and surroundings than the use it is to replace. In determining such relative conformity, the Board shall review the written report of the Zoning Officer, which may include the recommendations of the Planning Commission. This report shall take into consideration such factors, among others, as traffic generated, nuisance characteristics, such as emission of noise, dust, odors, and smoke, creation of vibrations and fire hazards, the hours and manner of operation. The Zoning Officer may request the assistance of other applicable Borough agencies in preparing his or her report.

Discontinuance of a nonconforming use. A nonconforming use occupying a nonconforming building or structure, (which lawfully existed prior to the enactment of this chapter) not conforming to the permitted uses and regulations of the district in which it is located that is discontinued during any consecutive period of 12 months, shall not be continued and said building or structure shall only be occupied by a use which conforms to the district in which it is located.

Reconstruction. In the event that a nonconforming use within a nonconforming building or structure (which lawfully existed prior to the enactment of this chapter or any amendments thereto) that is damaged or destroyed by any means, to such an extent that the cost of restoring it to its condition prior to damage or destruction exceeds 50% of the current replacement cost of the entire building, exclusive of foundations, such building and use shall not be restored unless it shall thereafter conform to the permitted uses and regulations for the district in which it is located.

Moving. No nonconforming building or other structure that is devoted in whole or in part to a nonconforming use (which lawfully existed prior to the enactment of this chapter or any amendments thereto) shall be moved in whole or in part for any distance, whatsoever, to any other lot unless the entire building or other structure and the use thereof shall thereafter conform to the permitted uses and regulations of the district in which it is located after being so moved. Moreover, no such nonconforming use of land shall be moved, in whole or in part for any distance whatever, to any other location on the same, or any other, lot unless such use shall thereafter conform to the permitted uses and regulations of the district in which it is located after being moved.

Expansion of use. A nonconforming use of land (which lawfully existed prior to the enactment of this chapter or any amendments thereto) may be expanded, provided that such expansion not be detrimental to or tend to alter the character of the neighborhood and that approval therefor be granted by the Zoning Hearing Board.

Discontinuance of use. A use not conforming to the regulations of the district in which it is located (which lawfully existed prior to the ordinance's date of enactment or any amendments thereto) which is discontinued and is not renewed during any consecutive period of 12 months, shall not be renewed except by a use that conforms to the permitted uses and regulations of the district in which the land is located.