Within any zoning district established by this chapter or any subsequent amendment thereto there exists: lots; uses of land; structures, or uses of structures or land and structures in combination, which were lawful prior to the passage or amendment of this chapter, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment, and are hereinafter referred to as nonconforming. It is the intent of this chapter to permit these nonconformities to remain or continue until they are brought into compliance. It is further the intent of this chapter that nonconformities shall not be used as grounds for adding other structures or additional uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this chapter to be incompatible with permitted uses within the same zoning district. Any nonconforming use of a structure, of land, or structure and land in combination may be extended or enlarged only as provided within this chapter. Extension or enlargement of a nonconforming use by the addition of uses not normally accessory to the existing nonconforming use shall not be permitted.

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 construction has been carried on diligently. Additionally, where excavation, demolition or removal of an existing building has begun preparatory to rebuilding, such activities shall be deemed actual construction provided that work is carried on diligently.

Following the effective date of adoption of this chapter, a permitted principal structure and accessory structure(s) may be erected upon any single nonconforming lot of record. Said lot must be in separate ownership and not of continuous frontage with other lots in the same ownership at the time of adoption 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. However, 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 any prescribed requirements shall be obtained only through action of the Zoning Hearing Board.

If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Township Supervisors and are on record in the office of the Recorder of Deeds of Lebanon County for no more than three years before the date of adoption of this chapter, such lots may be developed, as recorded, provided that yard dimensions and requirements other than those applying to area or width shall conform to the regulations for the district in which such lots are located.

If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Township Supervisors and are on record in the office of the Recorder of Deeds of Lebanon County for more than three years before the date of adoption of this chapter, such lots may be developed, provided that:

No portion of a nonconforming lot shall be sold or used in a manner which further diminishes compliance with the lot area and lot width requirements of this chapter, nor shall a portion of a conforming lot be sold or used in a manner which creates a nonconforming lot.

No such nonconforming use of land which is ceased, removed, discontinued or abandoned for a period of 180 consecutive dates shall thereafter be reestablished. This cessation, discontinuance or abandonment time limit may be extended by an additional 180-day time period where contracts or agreements are being negotiated, provided 1) the property owner makes written application for an extension, citing the reasons necessary for the extension and the length of extension requested and 2) the Zoning Administrator issues a Temporary Certificate of Zoning Compliance to register the reasons for extension, the length of extension, and the nature of the nonconformity.

No principal structures shall be erected in connection with such nonconforming use of land.

Expansion of nonconforming uses shall be limited to a maximum aggregate enlargement of 50% of the area of land so used, as compared to the land in nonconforming use at the date of adoption of this chapter. Contiguous land owned at the effective date of this chapter may be used for expansion of the nonconforming use. However, for purposes of this chapter, approved streets or road rights-of-way define the limit of expansion of any nonconforming use of land, and such uses shall not extend across said streets or road rights-of-way.

A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity, but a structure or portion thereof may be altered to decrease its nonconformity.

A nonconforming structure or portion thereof may be extended along established, existing building lines provided:

A nonconforming structure which has been damaged or destroyed to any extent by fire, explosion, accident or calamity may be repaired or reconstructed provided:

A nonconforming structure which has been demolished or destroyed to any extent by deterioration or removal shall not be reconstructed or structurally replaced, except that:

Should a nonconforming structure be moved for any reason then:

Abandonment of a nonconforming use of a structure (or land and structure in combination) shall remove the nonconforming status of the structure (or land and structure in combination) so that the nonconforming use may not thereafter be reestablished. Furthermore, use of the structure (or structure and land in combination) shall thereafter conform with the regulations for the zoning district in which it is located. Abandonment shall be deemed to have occurred when the nonconforming use is ceased, removed or discontinuance for a period of 180 consecutive days. However, this cessation, discontinuance or abandonment time limit may be supplemented by an additional 180-day time period where contracts or agreements are being negotiated, provided 1) the property owner makes written application for an extension, citing the reasons necessary for the extension and the length of extension requested and 2) the Zoning Administrator issues a Temporary Certificate of Zoning Compliance to register the reasons for extension, the length of extension, and the nature of the nonconformity.

Extension or enlargement of the structure containing the nonconforming use or the area of land used for storage, display or sales of products or materials in combination with the nonconforming use, shall be subject to the following:

Any nonconforming use of a structure (or land and structure in combination) may, as a special exception, be changed to another nonconforming use provided the Zoning Hearing Board finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.

Where the nonconformity applies to use of structure (or land and structure in combination), removal or destruction of the structure shall eliminate the nonconforming status of the land. Removal or destruction, for the purposes of this subsection, shall include the removal or destruction of an aggregate of 75% or more of the structural or weight-bearing components of the structure.

A nonconforming structure or group of structures or a structure or group of structures housing a nonconforming use may be partially or completely replaced with a new nonconforming structure by right if all the following requirements are met:

However, if the proposed reconstruction of a nonconforming structure or a structure housing a nonconforming use will: a) exceed the original gross floor area; b) exceed the aggregate number of dwelling units; or c) be located outside the original building footprint, then special exception approval from the Zoning Hearing Board is required, subject to the following conditions: