Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful at the time this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall only be enlarged upon, expanded or extended to a certain degree, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises or by the addition of other, in excess of 50% of the gross floor area, existing structure or structure and premises in combination.

To avoid undue hardship, 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 carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land in excess of 50% of the gross floor area occupied at the effective date of adoption or amendment of this chapter;

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter;

If any such nonconforming use of land ceases for any reason for a period of more than one year, and there has been a clear intention to abandon such use, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; and

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of up to 100% of its replacement cost at time of destruction, it may be reconstructed in its original location and within the original footprint; and

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

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except as specified herein and except in changing the use of the structure to a use permitted in the district in which it is located;

Any nonconforming use may be extended throughout any parts of a building which was 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 in excess of 50% of the gross floor area of the existing nonconforming building unless the Borough Zoning Hearing Board approves such extension of lot coverage as a special exception in compliance with the provisions of § 375-106;

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use, provided that the Zoning Hearing Board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Hearing Board may require appropriate conditions and safeguards in accordance with the provisions of this chapter;

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

When a nonconforming use of a structure is discontinued or abandoned for a period of one year and there has been a clear intent to abandon such use, the structure shall not thereafter be used except in conformity with the regulations of the district in which it is located; and

Where nonconforming use status applies to a structure and premises in combination, removal of the structure shall eliminate the nonconforming status of the land.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased except by decision of the Zoning Hearing Board and following the issuance of all required permits.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.