MARS — Borough council voted after a public hearing Monday night to rezone three parcels along Crowe Avenue, correcting an accidental classification made 11 years ago.

Chris Reese, borough solicitor, explained to council prior to the vote that the circumstances of the hearing would lead to a zoning map change.

“(This is) to consider an ordinance that would change the zoning,” Reese said.

He said two of the properties are owned by Vision Properties, and the third is owned by RM Nelson Properties.

“Those properties were mistakenly labeled as being part of the R-3 Multifamily Residential District back in 2009,” Reese said. “It was intended back then that they would be labeled as a C-1 Commercial District.”

Reese said the borough should treat the zoning map change as a new ordinance due to the significant time lapse and “out of an abundance of caution.”

“The issue on the table is whether council would agree that those two properties ... should be labeled a commercial district,” Reese said.

Reese added the zoning map change doesn't affect the properties as they exist. A nonconforming use variance allows them to be used in a limited commercial capacity in a residential zone.

“They have been operating as a commercial entity since the time of that zoning map in 2009,” Reese said. “It therefore wouldn't be asking them to change the nature of what (the owners) are doing with those properties.”

Mike Fleming, council president, confirmed the error wasn't noticed until a property owner came across the zoning when looking to sell the property.

The change would help in the future, according to Reese. Under a nonconforming use, the properties' current businesses can't expand exponentially or change into a new business.

“The property owners are eager to have this change made,” Reese said, “so that they would have the right to sell the property with the buyers knowing that they ... don't have to go by any of those restrictions of a nonconforming use.”

No owners of the parcels identified themselves during the hearing, but Reese said they were notified of the event and potential change.

Councilwoman Julie Schultheis asked if there were any challenges to the change.

“I haven't heard anybody take issue with it,” Fleming said.

Council unanimously voted to make the zoning map change during its regular meeting Monday night.

The next step is to have a new zoning map made, according to council members.