The regulations of this article shall apply
to existing lots, structures, uses and signs that do not conform to
the regulations of the zoning district in which they are located and
were either in existence prior to the effective date of this chapter,
or subsequent amendments, or are rendered nonconforming by the adoption
of this chapter. As such, they shall be known and regarded as nonconforming,
and the following regulations, as applicable, shall apply to them.
Provided, however, that the burden of proof shall remain upon the
landowner to prove that a lot, structure, use or sign is lawfully
nonconforming.
Whenever the title to a lot is transferred,
such transfer shall not by itself adversely affect the lawful status
of a lawful nonconforming lot, structure, use or sign.
Whenever a lawful nonconforming use of land
or of a structure is abandoned or discontinued or the use is removed
for a period of 12 consecutive months, or the structure constituting
or housing the nonconformity is razed and not reconstructed within
a period of 12 consecutive months, such abandonment or discontinuance
shall be presumed to constitute an intention to abandon or discontinue
such use, and subsequent use of such land or structure shall conform
to the regulations of the zoning district in which it is located,
unless the Zoning Hearing Board, as a matter of law, determines that
such abandonment has not occurred.
Whenever the boundaries of a zoning district
are changed, and the change results in a transfer of a lot from one
zoning district to another zoning district, the provisions of this
article shall apply to any lawful nonconforming uses or structures
existing in the zoning district to which the lot has been transferred.