[Ord. 725-04, 11/8/2004]
1. 
Within the zoning districts established by this Chapter or subsequent amendments thereto, there exists or will exist certain nonconformities which, if lawful before this Chapter was passed or amended, may be continued, subject to certain limitations, although such nonconformities would be prohibited, regulated or restricted under the terms of this Chapter or subsequent amendment thereto.
2. 
To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and on which actual building construction has been diligently carried on.
[Ord. 725-04, 11/8/2004]
1. 
In any district, structures and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter notwithstanding limitations imposed by other provisions of this Chapter. This provision shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district. Variance of yard requirements shall be obtained only through action of the Zoning Hearing Board.
2. 
If two or more lots, combination of lots and portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Chapter, and if all or part of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered to be an undivided parcel for the purpose of this Chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with width and/or area requirements established by this Chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Chapter.
[Ord. 725-04, 11/8/2004]
Lawful uses of land, which at the effective date of this Chapter or as a result of subsequent amendment thereto become nonconforming and where such use involves no individual structure or building with a replacement cost exceeding $1,000 may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the following provisions:
A. 
Extension. No such nonconforming use shall be enlarged or increased or expanded unless by special exception granted by the Zoning Hearing Board as long as such extension does not detract from the character of the neighborhood.
B. 
Discontinuance. Whenever a nonconforming use has been discontinued for a period of 12 consecutive months, such use shall not thereafter be reestablished. Any future use shall be in conformity with the provisions of this Chapter.
C. 
Changes or Moving of Use. A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use provided that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the exiting nonconforming use.
D. 
Additional Structures or Buildings. No additional structures or buildings not conforming to the requirements of this Chapter shall be erected in connection with such nonconforming use of land.
[Ord. 725-04, 11/8/2004]
Structures or buildings which, at the effective date of this Chapter subsequent amendments thereto, become nonconforming by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the building or structure may be continued to be used so long as such structure or building remains otherwise lawful, subject to the following provisions:
A. 
Enlargement. No such nonconforming structure or building may be enlarged or altered in a way, which increases it nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
B. 
Moving of Structure or Building. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.
C. 
Discontinuance. Whenever a nonconforming structure or building has been vacated for a period of 18 consecutive months, such structure or building shall thereafter not be used except in conformance with the provisions of this Chapter.
[Ord. 725-04, 11/8/2004]
Lawful structures or buildings, which at the effective date of this Chapter or as a result of subsequent amendments thereto become nonconforming, may be continued by the present or any subsequent owner so long as such use remains otherwise lawful, subject to the following provisions:
A. 
Extension. A nonconforming use may be extended throughout any part of an existing structure or building provided, that any structural alterations, extensions or additions shall comply with all provisions of this Chapter with respect to height, area, width, yard and coverage requirement for the zoning district in which the structure or building is located. However, such extension of a nonconforming use shall not exceed 50% of the gross floor area occupied by said nonconforming use at the time such nonconforming use became nonconforming.
B. 
Change of Use. A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use; provided, that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.
C. 
Discontinuance. Whenever a nonconforming use of a structure or building or portion thereof has been discontinued or abandoned for 18 consecutive months, such structure or building or portion thereof shall not thereafter be used for a nonconforming use.
D. 
Destruction.
(1) 
Destruction of the structure or building in which a nonconforming use is located shall not eliminate the use of the land for such nonconforming use. The building may be repaired or rebuilt with Zoning Hearing Board approval by special exception.
(2) 
Existing homes may be rebuilt within footprint of the original structure or must comply with current setback requirements.
[Ord. 725-04, 11/8/2004]
If a nonconforming structure or building or portions thereof containing a nonconforming use becomes physically unsafe or unlawful due to lack of repair or maintenance, and is declared by the Zoning Officer to be unsafe or unlawful by reason of physical condition, such structure or building shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zoning district in which it is located.
[Ord. 725-04, 11/8/2004]
Any use which is permitted as a special exception in a zoning district under the terms of this Chapter (other than a change through Zoning Hearing Board action from one nonconforming use to another nonconforming use) shall not be deemed a nonconforming use in such zoning district, but shall without further action be considered a conforming use.
[Ord. 725-04, 11/8/2004]
To facilitate the administration of this Chapter it shall be the duty of the Zoning Officer to prepare and maintain an accurate listing of uses and structure in all districts not permitted by right in that district, and for which no special exception or variance has been issued and which does not otherwise comply with all Sections of this Chapter.
A. 
Such a listing shall be a matter of public record and shall constitute sufficient notice of the nonconforming status of said use and/or structures and the limitations therein expressed and implied to any transferee acquiring any right to use or own such property.
B. 
If possible, this list of nonconforming uses shall consist of a statement covering the general character and conduct of such use and any effects, adverse or otherwise, that this use has on the surrounding area.