The zoning districts established by this chapter are designed to guide future use of land in Thornbury Township by encouraging the development of desirable residential and commercial areas, with appropriate groupings of compatible and related uses.

To achieve that end, the following regulations shall apply to existing uses, buildings, structures, lots and signs which do not conform to the provisions of this chapter or to the provisions of any subsequent amendment hereto. It is the policy of Thornbury Township to seek the elimination of such nonconformities to the maximum extent practical while avoiding undue burdens on property owners and assuring equitable treatment. Nonconforming uses and structures, however, generally will be permitted to remain. The purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their location.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or intended use of any building on which actual construction was lawfully begun prior to the effective date, or amendment, of this chapter, and on which actual building construction has been diligently carried on.

Expansion of a nonconforming use. Any lawful nonconforming use of buildings, structures, or a portion thereof may be expanded throughout the building or structure if no structural alterations are made therein. A proposed expansion may include structural alterations only when authorized as a special exception by the Zoning Hearing Board, subject to the following:

Alteration of a nonconforming structure. Any lawful nonconforming building or structure may be altered or expanded, provided such alteration or expansion does not increase the nonconformity of the building or structure with respect to the setback, land coverage, density, or other applicable requirements of the district where it is located, provided that:

Change in use: conforming. Once changed to a conforming use, within a structure or on land, the use shall not be permitted to revert to a nonconforming use.

Change in use: nonconforming. A nonconforming use, within a structure or on land, may be changed to another nonconforming use only when the proposed change is a use characterized by the same or lesser impacts on adjoining properties in the zoning district in which it is proposed and only when authorized as a special exception by the Zoning Hearing Board. In making its determination, the Zoning Hearing Board shall employ the criteria set forth under § 155-2005A, in addition to the following:

Restoration. A nonconforming building or structure or a building or structure containing a nonconforming use involuntarily damaged or destroyed by fire, explosion, flood, wind, or other similar cause, to an extent of not more than 50% of the area utilized for the nonconforming use being destroyed or legally condemned, may be restored within the limits of the existing foundation and original dimensions and used for the same use, provided that:

Discontinuance. If an owner of a building or land which is occupied as a nonconforming use desires to discontinue such use for an extended period of time, but intends to resume such use at a later date, he/she may apply to the Board of Supervisors, in writing, for a Certificate of Continuance stating the reasons for and duration of the discontinuance and the date upon which such use will be resumed. Certificates shall be granted for periods of up to one year and may be renewed for an additional one year period upon reapplication.

Abandonment. If a nonconforming use of land or a building ceases or is discontinued for a continuous period of six months or more and no Certificate of Continuance has been granted, as stipulated in § 155-1903F, such use shall be considered to have been abandoned, and any subsequent use of such building or land shall conform to the provisions of this chapter. Similarly, if a Certificate of Continuance and renewal are granted but the nonconforming use is not resumed within the stipulated time period, such use shall be considered to have been abandoned, and any subsequent use of such building or land shall conform to the provisions of this chapter.

Voluntary demolition. Where a nonconforming building or structure is voluntarily demolished or destroyed, except for its reconstruction and/or modernization, the nonconforming structure, shall be deemed to have been discontinued, and any building or structure thereafter shall conform to the provisions of this chapter.

A nonconforming lot of record held on the effective date of this chapter and that is in single and separate ownership, which does not meet the required minimum area or dimensional requirements of the applicable district, may be used and a structure or building may be built thereon, provided:

If a nonconforming lot involves protected areas as defined in Article XIV, Natural Resource Protections, no more than 10% of the lot may be disturbed by structures or other land alteration; however, if the subject property is a lot of less than 30,000 gross square feet, a total area of up to 3,000 square feet may be disturbed.

In the event an applicant owns adjacent property sufficient to enable compliance with the provisions of this chapter, such property or portions thereof shall be combined prior to the erection, expansion, enlargement, or alteration of a building or structure.

Where a lot cannot meet all minimum yard requirements or where alterations or enlargements would result in further noncompliance with applicable district requirements, the use of such lot shall require authorization as a special exception by the Zoning Hearing Board. No application for such special exception shall be granted if the area of the lot in question is less than 50% of the required minimum lot area or width for the district in which it is located.

Any nonconforming sign may continue to be used in its existing location, provided it is maintained in good condition and repair at all times. Once a nonconforming sign is removed for any reason other than normal repair and maintenance as outlined in § 155-1905C, it shall be presumed to be abandoned, and any replacement sign must comply with all applicable provisions of Article XVII, Signs.

Area. The total area of all such signs relating to a single use at the effective date of this chapter, or at the effective date of any amendment to this chapter by which any sign shall be made nonconforming, shall not be increased.

Repair and maintenance. Nonconforming signs once removed or damaged more than 60%, including structural framing or bracing, shall be replaced with conforming signs. Nonconforming signs with damage of 60% or less may be repainted or repaired, provided that such repainted or repaired sign does not exceed the dimensions of the existing sign or otherwise increase its nonconformity.

In conjunction with a nonconforming use. Signs which, at the effective date of this section, or subsequent amendment, are maintained in connection with and upon the same lot as a lawful nonconforming use may be maintained, repaired or replaced with signs similar in size and character, as long as such lawful nonconforming use continues, but may not be enlarged or otherwise substantially altered (nor may any illumination be increased or newly installed).

Discontinuance. Whenever any nonconforming use of building, structure, or land, or a combination or portion thereof, is abandoned per § 155-1903F, all signs accessory to such use shall be removed within 30 days from the date such use terminates.