1.   Nonconforming Structure or Lot. A structure or lot that does not conform to a dimensional regulation prescribed by this Chapter for the district in which it is located, or to regulations for off-street parking, off-street loading, or accessory buildings, but which structure or lot was in existence at the effective date of this Chapter and was lawful at the time the structure or lot was established.

   2.   Nonconforming Use. A use of a building or lot that does not conform to use regulations prescribed by this Chapter for the district in which it is located, including any use which is permitted in the district in which it is located but which use does not comply with the district use, dimension and other related requirements of Part 4 of this Chapter, but which was in existence at the effective date of this Chapter and was lawful at the time the nonconforming use was established. (Ord. 367)

(Ord. 45, Z-§ 1200, 5/12/76; as amended by Ord. 367, 2/18/1998, § 9)

The lawful use of any structure or land existing at the effective date of this Chapter may be continued although such use does not conform with the provisions of this Chapter, except as otherwise provided in this Part. However, any unlawful use of any structure or land under the 1963 Ordinance which did not constitute a non-conformity shall not be legitimized by this continuation provision.

(Ord. 45, Z-§ 1201, 5/12/76)

   1.   Nonconforming Structure. Nonconforming structures may be altered, reconstructed, or enlarged provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this Chapter. In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of § 27-1202(3)

   2.   Nonconforming Lots. A building may be constructed on any lot which was lawful when created and which prior to the effective date of this Chapter was in a separate ownership duly recorded by plan or deed, provided the use requirements and other performance requirements (including yard requirements) of this Chapter are observed. Mobile home pads and designated mobile home spaces existing in mobile home parks at the effective date of this Chapter may continue to be used for the replacement of mobile homes. (Ord. 367)

   3.   Nonconforming Uses. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions.

      A.   Such alteration, reconstruction, extension or enlargement shall be permitted only by special exception under the provisions of Part 14, Zoning Hearing Board. (Ord. 200)

      B.   Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.

      C.   Any increase in volume of the non-conforming use shall not exceed an aggregate of more than 50% (of said volume or area) during the life of the nonconformity.

(Ord. 45, Z-§ 1202, 5/12/76; as amended by Ord. 200, 12/10/86; and by Ord. 367, 2/18/1998, §§ 9, 10)

A nonconforming building wholly or partially destroyed by fire or other causes or a nonconforming building which has been legally condemned may be reconstructed and used for the same nonconforming use, provided that (i) the reconstructed building shall not exceed in height, area and volume the building destroyed or condemned and (ii) building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.

(Ord. 45, Z-§ 1203, 5/12/76)

Whenever a nonconforming use has been discontinued for a period of one year or more, the subsequent use shall be in conformity with the provisions of this Chapter.

(Ord. 45, Z-§ 1204, 5/12/76)

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions: (Ord. 367)

      A.   Such change shall be permitted only by variance under the provisions of Part 14, Zoning Hearing Board.

      B.   The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.

      C.   The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:

         (1)   Traffic generation and congestion including truck, passenger car and pedestrian traffic.

         (2)   Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, or vibration.

         (3)   Storage and waste disposal.

         (4)   Appearance.

(Ord. 45, Z-§ 1205, 5/12/76; as amended by Ord. 367, 2/18/1998, § 11)

Whenever district boundary changes result in a different district classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the most recent district classification.

(Ord. 45, Z-§ 1206, 5/12/76)

Notwithstanding the preceding provisions of this Part, the owner of any existing non-conforming structure, which is non-conforming by reason of height, is hereby required to permit the installation, operation and maintenance thereof of such markers and lights as shall be deemed necessary by the Lehigh-Northampton Airport Authority to indicate to the operators of aircraft in the vicinity of the Allentown-BethlehemEaston Airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Lehigh- Northampton Airport Authority.

(Ord. 45, Z-§ 1207, 5/12/76; as amended by Ord. 143, § 2, 10/12/83)