Within the districts established by this chapter or amendments that may later be adopted, there may exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited under the terms of this chapter or future amendment.

It is the intent of this chapter to permit these non-conformities to continue until they are removed. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. Non-conformities may be enlarged and expanded as determined by the Zoning Hearing Board.

A non-conforming use of a structure, a non-conforming use of land, or non-conforming use of a structure and land shall not be extended or enlarged after passage of this chapter by:

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 building construction has been continuously carried on. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be continuously carried on until the completion of the building involved.

Any lot of record existing at the effective date of this chapter and held in separate ownership different from that of the adjacent lots may be developed in accordance with the requirements of the zoning district where the lot of record is located.

Where two or more adjacent lots of record with continuous frontage have less than the required area and width and are held by one owner, the lots shall be legally combined by deed and recorded at the County Recorder of Deeds office for the purpose of complying with this chapter. No division of any lot shall be made which does not comply with the requirements of this chapter. Any change in lot lines necessary to meet the minimum requirements of this chapter shall constitute a revision to the recorded plan and shall meet all applicable requirements of the Harborcreek Township Subdivision and Land Development Ordinance.[1]

No such non-conforming use shall be expanded, occupy a greater area of land than was occupied at the effective date of this chapter, except as specified by this article.

No such non-conforming use shall be moved to any other position of the lot occupied by such use at the effective date of this chapter.

If any such non-conforming use of land ceases for a period of more than 12 months, the use shall be considered abandoned, and any subsequent use of such land shall conform to the regulations for the district in which such land is located. The use shall not be considered abandoned if the owner can provide proof to the Township that is actively being marketed for sale or rent.

A structure may be enlarged or altered one time without application to the Zoning Hearing Board provided that such expansion does not entail an increase in gross floor area of greater than 25% as determined and approved by the Zoning Administrator.

Should such structure be destroyed by any means, it may be rebuilt provided the use and intensity of use is no more objectionable or no greater than existed prior to destruction. Application for permit to rebuild a non-conforming structure shall be filed within 12 months of the date of destruction, otherwise it shall not be reconstructed except in conformity with the provisions of this chapter unless a variance is granted by the Zoning Hearing Board.

Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after moved.

An existing structure devoted to a use not permitted in the district in which it is located may be enlarged, extended, constructed, reconstructed, or structurally altered upon granting of a variance by the Zoning Hearing Board.

Any non-conforming use may be extended throughout any parts of a building, but no such use shall be extended to occupy any land outside such building.

If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use provided that the Zoning Hearing Board shall find that the proposed use is equally or more appropriate to the district than the existing non-conforming use. In permitting such change, the Zoning Hearing Board may require additional conditions and safeguards.

Once a non-conforming use is superseded by a permitted use, the non-conforming use shall not be resumed.

When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months, they shall not be used except in conformance with the regulations of the district in which it is located.

Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

On any building, devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing without the requirement of a zoning permit.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.