Within the districts established by this chapter, or amendments hereto, there exist lots, uses, and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit lawful nonconforming lots, uses and structures to continue to exist, subject to the following controls and restrictions.
A. 
Undeveloped lots of record.
(1) 
In any district, any permitted use and accessory structure may be erected on any single, undeveloped lot of record with nonconforming area, depth and/or width dimensions in existence at the effective date of this chapter or amendment thereto, provided that all yard, height, lot coverage and other applicable requirements are met. Such lot must be in separate ownership and not have continuous frontage with other lots in the same ownership.
(2) 
When two or more nonconforming undeveloped lots of record have continuous frontage and are in single ownership at the effective date of this chapter or amendment thereto, the land involved shall be considered to be one undivided parcel under the terms of this chapter. No portion of said parcel shall be used, sold or subdivided in a manner which diminishes compliance with lot dimension and area requirements established by this chapter.
B. 
Subdivision of lots with existing structures. When one or more structures exist on a lot proposed for subdivision and there exists a nonconformity with regard to the dimensional requirements of Article VI, except as to lot area, the lot may be subdivided without necessity for meeting those dimensional requirements with which the lot is nonconforming, provided all of the following conditions are met:
(1) 
The proposed lot lines do not create further nonconformities;
(2) 
The proposed lots meet the minimum lot area requirements of Article VI;
(3) 
The proposed lot lines do not adversely affect the provisions of any existing or potential off-street parking as required under Article VIII;
(4) 
The existing rear access to the lot or lots, as required under Article VII, § 300-32, is not eliminated; and
(5) 
Any lot created, which does not contain an existing structure, meets the minimum lot area and width requirements of Article VI.
From and after the effective date of this chapter, any lawful use of structures and/or land existing at the time of enactment of this chapter or amendment thereto but not permitted by the provisions of Article V may be continued, subject to the following limitations:
A. 
Expansion or relocation on lot. A nonconforming use may be expanded or relocated within a building or on its existing lot, provided that the expansion or relocation is in conformity with the area, height and bulk regulations of Article VI, the parking requirements of Article VIII, and all other applicable provisions of this chapter, and that the Zoning Hearing Board grants special exception approval of the expansion or relocation. The applicant shall present evidence to the Board that the following impact factors have been satisfactorily addressed so that the health, safety and welfare of the neighborhood will be protected:
(1) 
Hours of operation;
(2) 
Outdoor storage of refuse, equipment or materials;
(3) 
Noise, odors, light glare, and vibrations;
(4) 
Off-street parking and loading areas;
(5) 
Traffic generation;
(6) 
Proposed structural alterations, including impact on historically significant structures; and
(7) 
Compatibility with the immediate neighborhood and the district.
B. 
Expansion of nonconforming single-family dwelling. Where an existing nonconforming single-family dwelling exists in a district that does not permit such a dwelling, expansion of a single-family detached, semidetached, or attached dwelling may occur, provided the minimum yards, maximum building height, and maximum percentage of lot coverage is in accordance with the respective requirements of the R3 District.
C. 
Substitution of nonconforming uses. The Zoning Hearing Board may by special exception permit the change from one nonconforming use to another nonconforming use, provided that all conditions required in Article V for the use where it is permitted are met and the Zoning Hearing Board determines that the proposed nonconforming use is not more detrimental to the immediate neighborhood and the district than the existing nonconforming use. The applicant shall present evidence to the Zoning Hearing Board that the impact factors as defined in Article XVII of this chapter have been satisfactorily addressed.
D. 
Replacement of a nonconforming use by a permitted use. If a nonconforming use is replaced by a permitted use, a nonconforming use may not thereafter be resumed.
E. 
Discontinuance of a nonconforming use. When a nonconforming use is discontinued for 12 consecutive months, except when government action impedes access to the premises, only uses permitted in conformity with the regulations of the district will be permitted, unless the Zoning Hearing Board, by special exception, approves an extension of the twelve-month period.
A. 
Continuation of nonconforming structures. Where a nonconforming structure exists at the effective date of this chapter or amendment thereto that could not be built or erected under the terms of this chapter by reason of restrictions on lot area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may continue to exist as long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such nonconforming structure may be physically enlarged or altered in a way which increases its volume or nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) 
A nonconforming structure that has been destroyed by fire, windstorm, or other causes deemed to be no fault of the owner may be reconstructed in accordance with the current zoning provisions by right, or, by special exception, may be rebuilt to the size of the destroyed structure and in the same location, provided the reconstructed structure does not exceed the height, area or volume of the destroyed structure. In the case of flood, structures destroyed or damaged in excess of 50% of their replacement value may be reconstructed as stipulated above, provided that said structures are elevated or floodproofed in accordance with applicable codes and ordinances of the City. A City building permit for the replacement structure must be obtained within one year from the date of destruction or the nonconforming structure shall not be restored except in conformity with this chapter.
[Amended 7-11-2017 by Ord. No. 10-2017]
(3) 
Should such structure or part thereof be moved for any reason for any distance other than to increase its conformity with current zoning provisions, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
[Amended 7-11-2017 by Ord. No. 10-2017]
B. 
Repairs and maintenance. On any nonconforming structure or structure containing a nonconforming use, repair or replacement of structural components, fixtures, wiring or plumbing or improvements to increase safety or comply with municipal, state and/or federal code requirements shall be permitted, provided no increase in volume of the structure or change of location occurs.
A. 
Residential structures. In zoning districts that do not permit single-family dwellings, any historically significant structure, as defined in Article XVII of this chapter, originally constructed as a single-family residence may, upon application to the Zoning Officer for a certificate of zoning compliance by the owner or equitable owner of said structure, revert to a single-family residential usage. Further, the owner of the historically significant structure may restore said structure to its original dimensions/specifications, regardless of the zoning restrictions which prevail in the district in which said structure is located.
B. 
Mixed-use facility. In order to permit the adaptive reuse of existing buildings originally constructed for industrial-related uses, an existing building in a CM District may contain, in addition to uses permitted by right or by special exception in the CM District, certain uses not otherwise permitted in the CM District, as identified by footnotes cross-referencing this § 300-11B in § 300-15, Table of Permitted Uses, provided that the applicant is granted special exception approval by the Zoning Hearing Board and presents evidence that the proposed use will not adversely impact any existing uses in the immediate area. Alterations to the facade of the building shall not have an adverse effect on the historic character of the structure, as determined by the City of Lancaster Historic Preservation Specialist. All other provisions of this chapter shall apply.
C. 
Commercial storefronts. A corner structure within a R3 or R4 District or any structure within a C1 or C2 District which possesses a commercial storefront that has been converted to a residential unit and lacks the off-street parking necessary to satisfy the parking requirement for a commercial use may be granted a reduction or waiver of the parking requirement, with special exception approval of the Zoning Hearing Board, in order to convert the storefront to a commercial-retail or commercial-service use as permitted in the district where the structure is located, provided that the applicant demonstrates to the satisfaction of the Zoning Hearing Board that the requested reduction or waiver of the parking requirement will not have an adverse impact on an area within 300 feet of the property; all exterior alterations, repairs and signage are carried out so as to retain existing historic components of the structure and to return the storefront to a commercial appearance; and if the structure is located in the Historic Resource Overlay District and exterior alterations visible from a public street are proposed, the applicant provides a letter from the City of Lancaster Historic Preservation Specialist prior to the zoning hearing stating that the alteration is appropriate and consistent with the Secretary of the Interior's standards and will have no adverse impact on the historic resource nor on the streetscape and immediate neighborhood.
When the parking/loading-unloading facilities for a use are nonconforming, the provisions of Article VIII, § 300-47, Exemptions, shall apply when such use is expanded or changed.
Nonconforming signs shall not be expanded or relocated and shall otherwise comply with applicable provisions of Article IX.
A. 
When a nonconformity exists as to maximum square footage of a current use otherwise permitted by right or by special exception in a district, a replacement use with a square footage limitation less than the actual size of the previous use may, by special exception, be increased to the size of the previous use, provided that the applicant presents evidence to the Zoning Hearing Board that impact factors, as defined in Article XVII of this chapter, have been satisfactorily addressed.
B. 
For example, an existing retail store may have existed with a floor area of 3,000 square feet, which was larger than would be allowed under this chapter for a new use. That same retail store square footage could be approved to be converted into an office, even though an office would otherwise not be allowed to be that large in size in that district.