Definition. A nonconforming use is the lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of enactment of this chapter.

When permitted subject to the provisions of this section, a use of building or land existing at the time of the legal adoption of this chapter may be continued even though such use does not conform with the provisions of this chapter for the district in which it is located.

Continuation of nonconforming use. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed.

Change of nonconforming use to conforming.

Expansion or extension of nonconforming use. A nonconforming use may be extended as a special exception upon approval through application to the ZHB subject to the following:

Abandonment. A legal nonconforming use of a building or land which has been abandoned intentionally shall not thereafter be returned to such nonconforming use and shall be considered abandoned under the following circumstances.

Nonconforming accessory uses and structures. No use, structure, or sign that is accessory to a principal nonconforming use shall continue after such principal use or structure has been abandoned or removed, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.

Unsafe structure. Nothing in this chapter shall prevent the strengthening or restoring to safe condition of any portion of a building structure that is declared unsafe by the proper authority.

Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of the legal enactment of this chapter.

Continuation of nonconforming buildings or structures. Any nonconforming building or structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this section.

Structural alteration of nonconforming buildings or structures. A lawful nonconforming use of a building or structure existing at the time of the adoption of this chapter, or an amendment hereto may be structurally altered. Such alteration shall not expand its nonconformity in areas not previously occupied by the nonconforming use unless meeting the requirements of expansion and extension of nonconforming uses as required in this chapter. No parking, yard, space, or bulk nonconformity may be created or increased.

Changes to nonconforming buildings or structures to conforming.

Damage or destruction of nonconforming buildings or structures. In the event any nonconforming building or structure is destroyed by an act of God or any other cause not within the control of the owner, the owner may rebuild the destroyed building or one designated for the same use and may use the building for such use regardless of whether the provisions of this chapter may otherwise prohibit the construction of such a building or prohibit such a use in a district in which the land is located; provided, however, that the rebuilding of such building or structure shall commence not more than two years from the date of the event which caused the loss of the original structure, and provided further that the use of said rebuilt structure shall commence within one year from the completion of said building as provided for herein. In no event shall any damage or destruction to such a structure by any means within the control of the owner be repaired or restored, except in accordance with this section.

Expansion or extension of nonconforming buildings or structures.

Repairs, renovation, and modernization of nonconforming buildings or structures.

No increase in the size of or area covered by the nonconforming use or area of the use within the building or structure is allowed except as provided for in this chapter. The areas of nonconforming use within a building or structure may be rearranged in connection with such repairs, renovation, or modernization, provided that no enlargement or expansion of the nonconforming use occurs.

Alterations. A nonconforming building or structure may be altered, improved, or reconstructed provided such work does not exceed 50% of the fair market value of the building or structure or provided the building structure is changed to a conforming use.

Construction approved prior to legal enactment of this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a zoning/building permit has been issued and 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 be completed within four months of the date of the permit, and which the entire building shall be completed according to such plans as filed within one year from the date of legal enactment of this chapter.

In any district in which single-family dwellings are a permitted use by right, notwithstanding the regulations imposed by any other provisions of this chapter, a single-family detached dwelling which complies with the yard, space, and bulk requirements of the district in which it is located may be erected on a nonconforming lot adjacent to an improved street. Nothing in the requirements of this chapter relating to lot area per dwelling unit shall be held to prohibit the erection of a single-dwelling unit upon a lot having less than the required street frontage or the area of which is less than that prescribed as the lot area per dwelling unit, provided that such lot, at the time of the passage of this chapter, was held under separate ownership from any adjoining lots or provided that, at the time of the passage of this chapter, a recorded plan of lots or subdivision of property shows such lot to be a separate and distinct numbered lot.

If two or more lots or combinations of lots and 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 for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

A nonconforming lot of record may be used for any "permitted use by right" in the district in which it is located if land development approval can be granted in accordance with the provisions of the Subdivision and Land Development Ordinance (SALDO).

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

Alteration or moving. A nonconforming sign of any type may not be moved to another position or location upon the building, structure or lot on which it is located, nor may the size or area of such nonconforming sign be changed, or its structure or construction changed unless such changes are to change the face of the sign.

Damage, destruction, or replacement. Whenever any nonconforming sign has been damaged or destroyed by any means to the extent of 50% of its market value at the time of destruction or damage, such sign shall not be restored or replaced, unless it conforms to all provisions of this chapter. Damage only to the face of a sign shall not be construed to constitute 50% of its market value, and the sign face may be replaced.

Abandonment. If use of a nonconforming sign is abandoned or interrupted for a continuous period of more than 180 days, then such nonconforming sign together with its panel cabinet, supports, braces, anchors, and electrical equipment shall be removed within 14 days from the end of the aforesaid period and the use of such sign shall not be resumed except in accordance with the provisions of this chapter.

Health, safety, and welfare. If any sign or supporting structure subject to the regulation of the provisions of this chapter constitutes a threat to health, safety, or welfare of the area surrounding said sign or has been constructed, installed, or maintained in violation of any provision of this chapter, the Zoning Officer shall give written notice to the person or entity who owns or is maintaining such sign. If the owner or entity maintaining such sign fails to modify the sign so as to comply with the provisions of this article within 20 days after the date of said written notice from the Zoning Officer, then the Zoning Officer and other Borough officials shall take steps as necessary to promptly have said sign brought into compliance with this chapter up to and including removal of the sign to comply with this chapter.