(a)   The following provisions shall apply to all nonconforming uses and structures.

   (b)   Any nonconforming use may be continued, but may not be extended, expanded or changed unless to a conforming use, in accordance with the provisions of this Zoning Code.

(Ord. 2210. Passed 4-21-97.)

   Subject to the provisions of this chapter, a use of a building or land existing at the time of the adoption of this Zoning Code may be continued even though such use does not conform to the provisions of this Zoning Code for the district in which it is located.

(Ord. 2210. Passed 4-21-97.)

   A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when one or more of the following conditions exist:

   (a)   When the intent of the owner to discontinue the use is apparent.

   (b)   When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment or furnishings within ninety days, unless other facts show the intention to resume the nonconforming use.

   (c)   When a nonconforming use has been discontinued for a period of six months.

(Ord. 2210. Passed 4-21-97.)

   A nonconforming building or structure may be repaired and improved or reconstructed, provided such work does not exceed the fair replacement value of the building or structure, or provided the building or structure is changed to a conforming use.

(Ord. 2210. Passed 4-21-97.)

   No nonconforming building, structure or use shall be changed to another nonconforming building, structure or use. Conversion of nonconforming buildings or structures into residential uses shall be permitted as a special exception under the following requirements:

   (a)   The minimum yard and area requirements are in accordance with the district in which said conversion is located.

   (b)   Each living unit contains a minimum of 900 square feet of habitable living area.

   (c)   Each living unit contains not less than one bathroom and three habitable rooms and complies with the Borough's Building and Housing Code.

   (d)   Fire and safety provisions are certified to be adequate by the Fire Chief of the Ellwood City Fire Department.

(Ord. 2210. Passed 4-21-97.)

   Nothing contained in this chapter shall require any change in plans, construction or designated use of a building or structure for which a zoning permit has been issued or the construction of which shall have been diligently prosecuted within two months of the date of such permit, and the ground story framework of which shall have been completed within four months of the date of the permit, or if the entire building is completed according to such plans as filed within one year from the date of legal enactment of this Zoning Code.

(Ord. 2210. Passed 4-21-97.)

   Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisos shall apply to any nonconforming uses existing therein.

(Ord. 2210. Passed 4-21-97.)

   (a)   A nonconforming use may be extended as a special exception upon approval of the Zoning Hearing Board, subject to the following conditions:

      (1)   The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.

      (2)   The extension does not encroach upon the yard and height requirements of the district in which the nonconforming use is presently located.

      (3)   The extension is for the purpose of expanding only that nonconforming use in existence at the time of the legal acceptance of this Zoning Code.

      (4)   The expense of such an extension shall not exceed eighty percent of the fair market value of the building or structure existing at the time of the enactment of this Zoning Code.

      (5)   The existing nonconforming use or the proposed extension thereof shall not have any measurable obnoxious or hazardous effect on adjacent land uses.

   (b)   If one or more of the conditions set forth in paragraphs (a)(1) to (a)(5) hereof is not met, then the extension shall not be permissible.

   (c)   Extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this Zoning Code shall not be deemed to be an extension of such nonconforming use.

(Ord. 2210. Passed 4-21-97.)

   All nonconforming uses existing at the time of the legal enactment of this Zoning Code may be recorded and maintained for public use in the office of the Zoning Officer. (See Special Report by the Zoning Officer.)

(Ord. 2210. Passed 4-21-97.)

   Nothing in this Zoning Code shall prevent the construction, repair, rebuilding or continued use of any nonconforming building or structure that is destroyed or damaged by fire, collapse, explosion or act of God subsequent to the date of legal acceptance of this Zoning Code, provided that wherein the expense of such work does not exceed sixty percent of the total fire damage occurred and that reconstruction of the destroyed or damaged building is initiated within six months of the date of damage.

(Ord. 2210. Passed 4-21-97.)

   Nothing in this Zoning Code shall be interpreted as authorizing or approving the continuance of an illegal use of a structure or premises in violation of Borough law in existence at the time of the effective date of legal enactment of this Zoning Code.

(Ord. 2210. Passed 4-21-97.)

   Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared by a proper authority to be in need of the same.

(Ord. 2210. Passed 4-21-97.)