Within the zoning districts established by this chapter or subsequent amendments thereto, there exist or will exist certain nonconformities, which, if lawful before this chapter was passed or amended, may be continued, subject to certain limitations.

Nothing in this chapter shall be deemed to require a change in the plans for any building, structure or land use for which a zoning and/or building permit was issued prior to the effective date of this chapter or subsequent amendment thereto, provided the activity authorized by the zoning permit is begun, in the opinion of the permit officer, within six months of the issuance of the permit.

Approved subdivision plans.

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 all yard, height, coverage and open space requirements of the district are met; provided, however, that 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 and/or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this chapter.

A nonconforming use may not be reestablished if the use is discontinued for a continuous one-year period, unless the owner informs the Township of its intention not to abandon the use within such one-year period. Notification shall be provided by the owner filing a certificate of intention to continue with the Township Zoning Officer as provided for in § 390-93. Vacation of land or buildings or the termination of the use normally carried on upon the property shall be evidence of the discontinuance.

If after filing a certificate of intention to continue, the nonconforming use is not commenced within one year from the end of the initial one-year period, the nonconforming use shall be considered abandoned and shall not be reestablished.

A nonconforming use may be changed to a conforming use by right. A nonconforming use, if changed to a conforming use, shall not be changed back to a nonconforming use. A nonconforming use shall not be changed to any other nonconforming use unless the Zoning Hearing Board shall grant a special exception. The proposed use shall be demonstrated by the applicant to be not more detrimental to the district with respect to traffic generation and congestion, noise, illumination, electric radiation, appearance and waste generation than the existing use on the property and shall be demonstrated to be in compliance with the performance standards in § 390-35. The Zoning Hearing Board may specify conditions and safeguards in connection with the granting of a special exception.

A nonconforming use, building or structure shall not be enlarged or increased upon land not owned, leased or under option to purchase at the time of the enactment of this chapter.

Any additional structures, uses or buildings erected or established in connection with an existing nonconforming use shall meet all the area, yard and height regulations of the applicable zoning district.

A nonconforming use shall not be expanded unless such expansion has been approved as a special exception by the Zoning Hearing Board. A special exception use may be expanded without such approval.

A nonconforming building or structure shall not be enlarged, increased, repaired, maintained or modified in any manner which will further violate any applicable area, yard and height regulation imposed by this chapter. Projections into yards, as defined in § 390-44, shall not be modified in such a way as to become part of a principal building unless they meet the setback and yard requirements of the zoning district.

Future expansion of that portion of a nonconforming use carried on outside a building or structure shall be in accordance with all applicable area, yard and height regulations of this chapter. A nonconforming use may be expanded within a building containing that nonconforming use at the effective date of this chapter, provided that the nonconforming use shall not occupy a portion of the building containing a conforming use at the effective date of this chapter. A nonconforming use may also be expanded into a new building or extension of an existing building containing the use.

Nonconforming signs shall not be expanded.

Any nonconforming building or structure or a building or structure containing a nonconforming use of which the basic structural elements are totally destroyed by any means may be rebuilt and used for the same nonconforming use. Any subsequent building or structure shall comply with all requirements of this chapter. New construction shall begin within 18 months of the date of destruction and be carried to completion without interruption.

A nonconforming building or structure or a building or structure containing a nonconforming use of which the basic structural elements are partially destroyed, or which is partially destroyed but which has all basic structural elements remaining, may be reconstructed. The reconstructed portions of a building or structure shall not be more nonconforming in any respect than the portions of the building or structure which were destroyed. Reconstruction shall begin within 18 months of the date of destruction and be carried to completion without interruption.

Any nonconforming building or structure or building or structure containing a nonconforming use which is destroyed to any extent shall be inspected by the Township Zoning Officer. Any building or structure which shall be deemed unsafe by the Zoning Officer shall be taken down and removed or made safe and secure as the Zoning Officer may deem necessary in the public interest.

After the effective date of this chapter, there exist or will exist signs which do not conform to the requirements of this chapter, which, if lawful before this chapter became effective, may be continued subject to certain limitations, even though such nonconforming signs would be prohibited, regulated, or restricted under the terms of this chapter.

Nonconforming signs are subject to the following regulations: