Subject to the provisions of this section, a use of building or land existing at the time of the enactment of this Ordinance may be continued even though such does not conform with the provisions of these regulations for the district in which it is located.

Nothing in this Article shall be interpreted as authorization for or approval of the continuance of the use of structure or premises in violation of local, state or federal laws in effect at the time of the effective date of this Ordinance.

803.1

Nothing in this article shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

803.2

A nonconforming building or structure (excluding signs) may be altered, enlarged or reconstructed provided the alteration, enlargement or reconstruction complies with the requirements of this Ordinance.

803.3

If a nonconforming structure, or use thereof, is totally destroyed by fire, collapse, or any act of God; it may not be reconstructed. If a nonconforming structure, or use thereof, is partially destroyed by fire, collapsed, or any act of God; it may be repaired at the discretion of the Zoning Officer if work commences within thirty (30) days of the date of destruction and is completed within ninety (90) days of issuance of the building permit. However, said repair shall not make the building or structure more nonconforming, in an aspect, than it was prior to destruction. Repair must comply with applicable state and local building codes.

803.4

A lawful use in a nonconforming building or structure may expand within the existing building.

803.5

Zoning Hearing Board may approve repair of a nonconforming structure to correct a hazard or unsafe condition and the repair and/or reconstruction is not materially detrimental to the surrounding properties or in the interest of the municipality.

804.1

In order to allow for reasonable economic growth, a nonconforming use may expand in terms of gross floor area, or lot coverage (measured in square feet) if there is no building, up to 30 percent.

804.2

Such expansion shall: (1) comply with applicable area and dimensional requirements for the zoning district in which it is located; (2) not result in making an existing conforming building or structure nonconforming; (3) not involve the extension of the nonconforming use onto any zoning lot other than that which it presently occupies; and (4) not reduce or eliminate required off-street parking and/or loading areas.

804.3

The Zoning Hearing Board shall approve all extensions or enlargements of nonconforming uses. The Board may authorize an expansion or enlargement exceeding the otherwise allowable percentages where the expansion is to provide required off-street parking or loading space or to correct a hazardous or unsafe condition in violation of a local, county, state or federal law, and the expansion is not materially detrimental to surrounding properties or the interests of the municipality.

804.4

In order to enhance the purposes of the Zoning Districts, reconstruction of a nonconforming use is not permitted. A structure with a nonconforming use, may be repaired. If a structure, with a nonconforming use, is partially destroyed by fire, collapsed, or any act of God; it may be repaired at the discretion of the Zoning Officer if work commences within thirty (30) days of the date of destruction and is completed within ninety (90) days of issuance of the building permit. However, said repair shall not make the building or structure more nonconforming, in any aspect, than it was prior to destruction. Repair must comply with applicable state and local building codes.

When a nonconforming use is changed to a conforming or more conforming use, it shall not be subsequently changed to a nonconforming use. A nonconforming use may be changed to a similar nonconforming use or one which more closely conforms to the uses authorized in the zoning district. A change of one nonconforming use to another nonconforming use requires review and approval by the Zoning Hearing Board, in accordance with the following:

805.1

The proposed use shall be within the same type of use category as the original nonconforming use, such as one personal service business to another, or is a use that more closely conforms to the current district regulations.

805.2

The proposed use will not be any more objectionable than the original nonconforming use in terms of congestion; traffic generation and requirements for off-street parking and loading; outdoor storage of wastes, materials, supplies and equipment; height, area and bulk of all structures.

805.3

The proposed use shall comply with the applicable district regulations and the environmental performance standards which are contained in Article 6 of this Ordinance.

A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when one or more of the following conditions apply:

806.1

A nonconforming use has been discontinued for a period of 12 consecutive months.

806.2

It has been replaced by a conforming use.

806.3

When the discontinuance is beyond the control of the owner or tenant and was without intent to abandon the use, the Zoning Officer may permit the nonconforming use to continue indefinitely until such a time when intent to abandon is established.

807.1

Manufactured homes located in all zoning districts except R-3 High Density Residential, are a nonconforming use and shall not be replaced by another manufactured or mobile home.

808.1

In any district, notwithstanding the regulations imposed by any other provision of this Ordinance, a building which complies with applicable zoning requirements except for lot area may be erected, provided that the following requirements are met:

1.

The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, at such location, was not prohibited by any zoning ordinance, then in effect.

2.

The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning ordinance or ordinances.

808.2

Construction permitted by the above shall comply with all otherwise applicable regulations, except lot area and lot width.

Any use for which a special exception use approval has been granted as provided by this Ordinance, shall not be deemed to be a nonconforming use, but it shall be deemed a lawful conforming use.

The applicable provisions for nonconformities shall not apply to any structure designated as a historic landmark by the Pennsylvania Historical Commission or placed on the National Register of Historic Places.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to a district of a different classification, the foregoing provisions shall apply to any nonconforming use, structure or lot of record existing therein.