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 future amendments thereto.

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 on which actual building construction has been diligently carried on.

Any lot either in existence or shown on a recorded subdivision plan on the effective date of this chapter, or after the enactment of subsequent amendments thereto, which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for a use permitted by the use regulations of that district with area and bulk regulations applied proportionate to the size of the nonconforming lot. For example, in a three-acre minimum zoning district, an existing nonconforming lot is one acre in size, therefore, 30% of each requirement would be applicable. If a subdivider has had an application for approval of a preliminary or final subdivision plan approved prior to the effective date of this chapter, no provision or regulation in this chapter shall be applied to affect adversely the right of the subdivider to commence and complete any aspect of the approved preliminary or final plan within such time periods as are established by Act 247, as amended, 53 P.S. § 10101 et seq.

Any lot held in single and separate ownership on the effective date of this chapter, or after the enactment of subsequent amendments thereto, which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for any use permitted in that district provided that area and bulk requirements as described by Subsection 1 are met. However, if two or more lots, combination of lots, or portions 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 lot width 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.

Lawful uses of land, which at the effective date of this chapter or subsequent amendment thereto become nonconforming, such nonconforming use or uses may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the provisions listed with the following subsections.

Extension. A lot that accommodates a nonconforming use shall not be enlarged, increased, or extended such that the said nonconforming use will occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

Discontinuance. Whenever a non-conforming use has been discontinued for a period of 12 consecutive months, such use shall not thereafter be re-established, except if the owner of such property files within 30 days of date of discontinuance, a certificate of intention to maintain such use. If such certificate is filed, the time period which a nonconforming use may be discontinued and still be re-established shall be extended by a twelve-month period.

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 be changed to a conforming use or to a nonconforming use that more nearly complies with the applicable zoning district provisions or is more compatible with the surrounding neighborhood. A nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such at the effective date of adoption or amendment of this chapter.

Additional Structures. No additional structures not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

Lawful nonconforming structures which at the effective date of this chapter or subsequent amendment thereto become nonconforming by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structures, may be continued as long as they remain otherwise lawful, subject to the provisions listed in the following subsections.

Enlargement.

Damage or Destruction. A nonconforming building or structure which has been damaged or destroyed by fire, explosion, accident, or calamity may be reconstructed and provided that the reconstructed building or structure does not exceed the area, volume, and height of the destroyed building or structure. In addition, building reconstruction shall be started within one year from the date the building or structure was destroyed and shall be carried through without interruption.

Moving of Structure. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the regulations for the district in which it is located after it is moved.

Lawful nonconforming use of conforming structures or buildings, which exist at the effective date of this chapter or subsequent amendments thereto, that would not be allowed in the district under the terms of this chapter, may be continued so long as it remains otherwise lawful, subject to the provisions listed in the following subsections.

Enlargement.

Change of Use. A nonconforming use of a structure may be changed to another nonconforming use provided that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Such determination shall be made by a special exception granted from the Zoning Hearing Board which shall take into consideration, among other things, the intent of the provisions for the district.

Discontinuance. Any structure within 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. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months the structure or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

Destruction. Where a structure accommodating a nonconforming use is destroyed in whole or in part by any means, such nonconforming use may be resumed within a conforming structure on the same tract of land, provided that such structure is rebuilt or repaired in conformance with all applicable zoning regulations and the use in question is resumed within 18 months of the date that such structure was destroyed.

A certificate of intention shall be required in all instances where a nonconforming use of land or nonconforming use of a structure or building, is discontinued if the owner or operator of such uses desires to maintain such a nonconforming use.

The Zoning Officer shall maintain proper forms for the registration of any certificate of intention. It shall be incumbent upon the owner or applicant to file such a form with the Zoning Officer. The filing of such form shall be considered a ministerial duty of the Zoning Officer, who shall not refuse to accept the completed form.

The Zoning Officer shall maintain a record of all certificates of intention.

Each certificate of intention shall be valid for one year.