1.   Within the districts established by this Chapter, or amendment that may later be adopted, there exist:

   A.   Lots;

   B.   Buildings;

   C.   Uses of land and buildings; and,

   D.   Characteristics of use;

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 amendment. It is the intent of this Chapter to permit these nonconformities to continue until they are removed. It is further the intent of this Chapter that nonconformities shall not be used as grounds for adding other structures, buildings or uses prohibited elsewhere in the same district.

2.   Nonconforming uses are declared by this Chapter to be incompatible with permitted uses in the district involved. A nonconforming use of a building, a nonconforming use of land or nonconforming use of a building and land in combination shall not be extended or enlarged after passage of this Chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

3.   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 on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently

(Ord. 206, 2/7/1977, § 13.01)

1.   In any district, a permitted building 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. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width or both, that are generally applicable in this district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Hearing Board.

2.   If one or more lots are on record in the Office of the Recorder of Deeds of Lebanon County and have been duly approved by the Borough Council, they may be developed according to the recorded plan even though said lots may not conform with the requirements for area or width or both that are generally applicable in the district. However, no portion of said lots or parcels shall be used or sold in a manner which further diminishes compliance with lot width and area requirements as established by this Chapter.

(Ord. 206, 2/7/1977, § 13.02)

Where, at the time of passage of this Chapter, lawful use of land exists which would not be permitted by the regulations imposed by this Chapter, and where such use involves no individual building with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided:

   A.   If any such nonconforming use of land ceases for any reason for a period of more than 90 continuous days, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.

   B.   No additional building not conforming to the requirements of this Chapter shall be erected in connection with such nonconforming use of land.

   C.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this Chapter.

(Ord. 206, 2/7/1977, § 13.03)

Where a lawful building exists at the effective date of adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the building; such building may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming building may be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity.

   B.   Should such nonconforming building or nonconforming portion of building be destroyed by any means, it shall not be reconstructed in a manner which increases its nonconformity.

   C.   Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   D.   A nonconforming structure which has been damaged or destroyed to any extent including, but not limited to, fire, explosion, accident, deterioration or calamity, may be repaired or reconstructed provided: [Ord. 247]

      (1)   The rebuilt structure is unchanged in original size or location, or is more conforming than the original structure; and,

      (2)   Repair or reconstruction is commenced within 1 year from the date of damage or destruction. Failure to repair or reconstruct within 1 year shall result in the loss of nonconforming rights and any successive structure shall conform with all applicable Chapter requirements.

[Ord. 239]

(Ord. 206, 2/7/1977, § 13.04; as amended by Ord. 239, 2/5/1990, § 2; and by Ord. 247, 11/7/1994, Exhibit "C"(1))

If lawful use involving individual buildings with a replacement cost of $1,000 or more, or of building and premises in combination, exists at the effective date of adoption or amendment of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing building devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged or extended, except on continuous property owned at the time of adoption of this Chapter.

   B.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Chapter.

   C.   Any nonconforming use of a building, or building and premises, may as a special exception be changed to another nonconforming use provided that the Zoning Hearing Board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Hearing Board may require appropriate conditions and safeguards in accord with the provisions of this Chapter.

   D.   Any building or building and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

   E.   Where nonconforming use status applies to a building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 90% of the replacement cost at the time of destruction.

   F.   If any such nonconforming uses of buildings or of buildings and premises in combination should cease for any reason for a period of more than 2 years, any subsequent use of the building or of the building and premises in combination shall conform to the regulations specified by this Chapter for the district in which the building or building and premises are located.

(Ord. 206, 2/7/1977, § 13.05)

Nothing in this Chapter shall be deemed to prevent any repairs or maintenance of a nonconforming building or structure.

(Ord. 206, 2/7/1977, § 13.06)

Any use which is permitted as a special exception in a district under the terms of this Chapter (other than a change through Zoning Hearing Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(Ord. 206, 2/7/1977, § 13.07)

Any sign erected, constructed or placed before the effective date of this Chapter may remain and continue to be used and maintained notwithstanding that it does not conform to the applicable provisions of Part 12 of this Chapter; provided, that no such sign shall be altered or relocated unless the same either conforms or be made more conforming with applicable provisions of Part 12 of this Chapter.

(Ord. 206, 2/7/1977, § 13.08)