Intent. The purpose of this article is to acknowledge and regulate nonconforming lots, structures or uses of land which existed lawfully before the effective date of this chapter but which now no longer conform to the provisions of this chapter. It is the intent of this chapter to permit those nonconformities to continue until they are removed but not to encourage their continuance since they would be incompatible with uses authorized by this chapter.

Existing illegal nonconformities. As a result of adoption of this chapter, no unauthorized use of land which was initiated illegally under previous zoning ordinances shall become a legal nonconforming use. Instead, they shall remain unauthorized and subject to the enforcement remedies under § 300-26 of this chapter.

Construction in progress. No building or structure designed or intended to be utilized for a nonconforming use shall be constructed or allowed. However, to avoid undue hardship, if actual construction was begun lawfully prior to the effective date of this chapter, or amendment thereto, of a structure or use made nonconforming by this chapter or amendment, a change in plans or use shall not be required, provided construction shall be pursued diligently and completed within 12 months from the date of enactment or amendment of this chapter. ("Actual construction" shall mean the placing of construction materials in permanent position and fastened in a permanent manner. Further, demolition of an existing building which has been substantially begun in preparation for building shall be deemed actual construction, provided that such work shall be diligently carried out and completed.)

Registration of nonconformities. All nonconforming uses and structures shall be registered by the Zoning Officer upon application by the landowner. Upon presentation of documentation acceptable to the Zoning Officer that the use or structure was lawfully in existence prior to the adoption of this chapter or any amendment thereto which created the nonconformity, the Zoning Officer shall register the same as a legal nonconforming use or structure.

Any lot of record existing at the effective date of this chapter or any amendment thereto, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the zoning district in which the lot is located without a lot area or lot width variance even though its lot area and lot width are less than the minimum required by this chapter; however, such lot shall comply with the front, rear and side yards, height and lot coverage standards of the zoning district in which it is located.

If two or more lots or combination of lots and portions of lots with continuous frontage are held in single ownership and 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 area and width as established by this chapter, the lands involved shall be considered an undivided zoning lot for purposes of this chapter. No portion of said undivided zoning lot shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of said zoning lot be made which leaves any remaining lot which does not meet all requirements of this chapter.

No such structure may be enlarged or structurally altered in a way that would increase its nonconformity, except through a variance granted by the Zoning Hearing Board which may authorize reasonable modifications.

If a nonconforming structure is totally destroyed by fire or an act of God, its replacement shall conform to the terms of this chapter. If less than total destruction takes place, repairs or reconstruction may be undertaken, provided that such restoration is started within 12 months from the date of damage and prior nonconformities are not exceeded. (For the purposes of this section, "total destruction" shall mean the destruction of the structure beyond 75% of the replacement cost of the structure.)

Should a nonconforming structure be moved for any reason, it shall then conform to the requirements of the zoning district in which it is located.

Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign, except that the interchange of poster panels shall be permitted.

Nonconforming signs may be repaired or reconstructed, provided that no structural alterations are made which increase the gross surface area of the sign; however, nonconforming signs which are damaged or destroyed to an extent of more than 75% of their replacement cost shall not be reconstructed, except in conformity with the provisions of this chapter.

Continuation. Where at the effective date of this chapter or any amendment thereto a lawful use of a structure or lot exists that is made no longer permissible under the use regulations of this chapter or an amendment thereto, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful under the requirements of this article.

Enlargement. No nonconforming use of a structure or land shall be enlarged, increased in capacity or extended to occupy a greater lot area than was occupied at the effective date of this chapter or amendment thereto, except when required to do so by law or order, unless the Zoning Hearing Board shall grant approval based on the following conditions:

Relocation. No such nonconforming use may be moved in whole or in part to any other portion of the lot occupied by such use, except as permitted by the Zoning Hearing Board, upon review by the Planning Commission, using the same criteria stated in Subsection B above.

Nonconforming change of use.

Extension of use within existing building. Any nonconforming use may be extended through any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

Abandonment. When a nonconforming use is discontinued for 12 consecutive months or 18 months in any three-year period, it shall be considered abandoned and shall not thereafter be used except in conformance with the regulations of the district in which it is located.

Reconstruction. If a nonconforming use is totally destroyed by fire or natural disaster, its replacement shall conform to the terms of this chapter. If less than total destruction takes place, repairs or reconstruction may be undertaken, provided that such restoration is started within 12 months from the date of damage and prior nonconformities are not exceeded.