Existing Lots of Record.

No provision of this chapter relating to side and rear yard requirements shall prevent the reasonable use of a nonconforming lot of record. The Zoning Officer may grant a reduction in the requirement for side yards and rear yards for lots of record which lack required lot width or area. However, in no event may such yard dimensions be reduced by more than 40% of that required without the approval of the Zoning Hearing Board.

Where, at the effective date of adoption or amendment of this chapter, lawful use of land, or land and the structure or structures on it, exists and is made no longer permissible under the requirements of this chapter, as adopted or amended, such use may be continued indefinitely, so long as it remains otherwise lawful, provided that the following conditions are applied.

No such nonconforming use of land shall be extended by acquisition of additional land to occupy a greater land area than was occupied at the effective date of adoption or amendment of this chapter, nor shall such nonconforming structure be expanded to occupy an area on the ground more than 50% larger than was occupied at the date of adoption or amendment of this chapter. Such land area shall contain the nonconforming use and the area of expansion and shall be already owned by the operator of the nonconforming use at the time of adoption of the ordinance creating the nonconformity, and recorded as a separate lot.

No structure containing a nonconforming use but capable of being enlarged without violating setback or height requirements in the zoning district where it is located may be increased in volume more than 50% over the volume of such structure at the time of adoption of this chapter or subsequent amendments that made the use nonconforming. A nonconforming use which occupies part of a structure may be extended throughout the structure it occupied at the time of adoption of this chapter or subsequent amendment that made the use nonconforming, but the expansion under such circumstances may not be extended to occupy land outside the original structure.

If any such nonconforming use of land or use of land and structures in combination ceases or is abandoned for any reason, including destruction of buildings, for a period of at least one year, any subsequent use of such land, or land and structures in combination, shall conform to the regulations for the zoning district where such land is located, except that, where a hardship to the operator of the nonconforming use clearly exists as a result of financial, health or other calamity, the Zoning Hearing Board may grant an extension of the one-year limit consistent with the hardship, but not more than one additional year.

As a result of adoption of this chapter, no illegal use of land which was initiated under the previous zoning ordinance, as amended, shall become nonconforming, but instead it shall be subject to remedy under the provisions of this chapter regarding violations.

The nonconforming use of a structure or a lot may be changed only to a conforming use, unless the applicant demonstrates a hardship in converting the use to a conforming use or the new use will be in keeping with the character of the neighborhood in which it is located and will have an equal or lesser impact on the neighborhood than the existing nonconforming use. However, this requirement shall not preclude an owner from selling a nonconforming use to a succeeding owner to operate as it was operated prior to the sale. Each succeeding owner of a nonconforming use shall secure a zoning certificate of compliance, as set forth in § 27-1301D(5), from the Zoning Officer, who may ask the Zoning Hearing Board for a decision if he has reason to doubt that the nonconforming use will be continued in the same manner as formerly.

The nonconforming use of a structure and/or land, or combination of structure and land, may be superseded by a use permitted in the zoning district where the lot is located, and the use of the premises shall thereafter conform to the regulations of the zoning district.

Where a nonconforming use of structure and premises exists in combination, the removal of the structure and/or use in the structure shall terminate the nonconforming use of the premises.

The maintaining or strengthening to a safe condition of any nonconforming structure shall not be interpreted as being denied by any portion of this Part.

Where a structure exists on a lot at the effective date of this chapter or any amendment to it and does not conform to the requirements regarding height or minimum setbacks from adjacent streets or lot lines, such structure may remain indefinitely, subject to the following provisions.

No nonconforming structure may be enlarged or altered in a way that creates a nonconformity or increases an existing nonconformity.

Any replacement of a nonconforming structure shall be made in compliance with the regulations governing development for the zoning district in which the lot is located; except that if a hardship is alleged by the owner, he may request a special exception of the Zoning Hearing Board, which may approve replacement on the same foundation that supported the structure to be replaced but in no case a location that was less conforming than the original location.

If a nonconforming structure is moved, it shall thereafter conform to the requirements of this chapter regarding location on the lot.

The Zoning Officer shall identify and register all uses of land and structures in Richland Township made nonconforming as a result of adoption of this chapter.

The Zoning Officer shall keep the data current by the addition of nonconforming uses as amendments to this chapter are adopted and by the deletion of nonconforming uses as they are eliminated.

The record may be kept by map or written documentation.