Within the zoning districts established by this chapter, there exist uses and lots of land that were lawful before this chapter's adoption but which are now prohibited, regulated or restricted under the terms of this chapter. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are considered incompatible with the permitted uses in the zoning districts involved.

A nonconforming structure may be modified, expanded and/or enlarged, so long as:

A nonconforming use may be extended throughout a building that was designed and arranged specifically for the nonconforming use, but the nonconforming use shall not be permitted to occupy land outside the building. If the use of any such nonconforming structure or lot ceases for any reason for a period of time as defined by the Borough, any subsequent use of the structure or lot shall conform to the regulations specified by this chapter for the zoning district involved.

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

Use of nonconforming vacant lots.

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 altered in any manner which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or extended along established, existing building setback lines, provided that a minimum of three feet is observed.

Reconstruction. In the event that a nonconforming building containing a permitted use is damaged or destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. In the event that such damage or destruction is 50% or less than the replacement costs of the structure, repairs or reconstruction may be undertaken, provided that such restoration is started within 12 months of the date of damage.

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 conform to the regulations of the district in which it is located after being moved.

Expansion of nonconforming use. A nonconforming use 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.

Enlargement of buildings containing nonconforming uses. No structural enlargements or additions to a building or structure containing a nonconforming use shall be made which, when added to all structural enlargements and additions made since the use first began to be nonconforming, shall cause the aggregate gross floor area of all such structural enlargements and additions to exceed 10% of the gross floor area of the structure when the use first began to be nonconforming, subject to the following provisions:

Change of nonconforming use. A nonconforming use 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 shall 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 report.

Discontinuance of 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 time as defined by the Borough is presumed to be abandoned and 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. However, if the Zoning Hearing Board determines that the presumption of abandonment has been rebutted, it may grant a special exception permitting the resumption of the discontinued use.

Reconstruction. In the event that a conforming building containing a nonconforming use is damaged or destroyed by any means, said building may be restored to its original condition.

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 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 regulations of the district in which it is located.

Enlargements of 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 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 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 be granted by the Zoning Hearing Board.

Change of nonconforming use. A nonconforming use all or partially conducted in a nonconforming 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 shall include the recommendations of the Planning Commission. This report shall take into consideration specific characteristics of this new nonconforming site and how said new site functions in relation to its surroundings. Factors to be considered must include, but are not limited to: proposed parking expansions or reductions, change in vehicle and/or pedestrian entryways, potential traffic patterns and/or congestion generated, hours of operation and anticipated levels of walk-in traffic, proposed or potential arising nuisance characteristics such as emission of noise (if produced), dust (if produced), odors (if produced) and smoke (if produced/emitted), the extent to which vibrations and fire hazards may be created based upon the land use activity, and any other proposed and/or continued nonconformance with the Zoning Ordinance. The Zoning Officer will denote a comparison between the above factors as generated by the existing and the proposed land use. The Zoning Officer may request the assistance of other applicable Borough agencies, or any assignee(s), in developing this report.

Discontinuance of nonconforming use. A use occupying a nonconforming building or structure, not conforming to the regulations of the district in which it is located, that is discontinued during any continuous time as defined by the Borough shall be presumed to have been abandoned and 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. However, if the Zoning Hearing Board determines that the presumption of abandonment has been rebutted, it may grant a special exception permitting the resumption of the discontinued use.

Reconstruction. In the event that a nonconforming use within a nonconforming building or structure 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 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 whatever to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.

In the event that a lot is occupied by two or more buildings and the use of said buildings is a permitted use under this chapter and the owner desires to sell one or more of said structures, requiring a lot split or subdivision plan to be prepared and approved by the prospective body of the Borough, then and in such event that the remaining lots would not comply with the yard area and lot coverage requirements as set forth in this chapter, said requirements shall not apply.

Expansion of use. A nonconforming use of land may be expanded to occupy an area which is greater by 25% than the area occupied at the effective date of adoption of this chapter or an amendment thereto, provided that such expansion is not detrimental to or does not 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 is discontinued and is not renewed during any continuous period of time as defined by the Borough shall be presumed to have been abandoned and shall not be renewed except by a use which conforms to the use regulations of the district in which the land is located. However, if the Zoning Hearing Board determines that the presumption of abandonment has been rebutted, it may grant a special exception permitting the resumption of the discontinued use.