A. 
It is the intent of this article to recognize the right of nonconformities to continue, but to encourage that such lots, uses, and structures be brought into conformity with this chapter as soon as constitutionally permissible. To achieve this end, nonconformities are subject to the regulations set forth in this article.
In any district in which dwellings are permitted as primary uses, a single-family detached dwelling and customary accessory uses may be erected on any single nonconforming lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such nonconforming lot must be in separate ownership and not abut other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are applicable in the district, provided that all other yard dimensions and requirements of the lot shall conform to the regulations for single-family detached dwellings in the Single-Family Residential District. Variance of yard setback requirements may be obtained only by application to the Zoning Hearing Board.[1]
[1]
Editor's Note: Original Section 9.01(2), which immediately followed this subsection, was repealed 5-16-2000 by Ord. No. 01-2000.
Where a lawful use or structure exists which, on the effective date of this chapter or subsequent amendment thereto, becomes nonconforming, such use or structure may be continued as long as it remains otherwise lawful, including subsequent sales of the property, subject to the following provisions:
A. 
The existing nonconforming use shall not be changed to a different nonconforming use.
B. 
No such nonconforming use or structure shall be altered or extended except if such complies with the following criteria and standards:
(1) 
To provide for a natural expansion which is not detrimental to public health, safety, and general welfare, provided such expansion does not exceed 50% of the existing ground floor area of the structure or other space occupied by the use;
(2) 
Provided such does not constitute the addition of a new nonconforming use or structure;
(3) 
Provided such does not decrease yard setbacks when such already fail to meet minimum yard setback areas; and
(4) 
Provided that the alteration or extension meets the district regulations for such use or structure as if same were being altered or extended in district where such use is permitted. In cases where the use is permitted in two or more districts, the most restrictive district regulations shall apply.
C. 
In the event that any nonconforming structure is destroyed or partially destroyed by any means to an extent of 75% or more of the replacement value less depreciation of such structure immediately preceding the casualty, such nonconforming structure and use thereof shall terminate and the lot shall thereafter be used only for conforming uses and structures.
D. 
When a nonconforming use or structure is discontinued or abandoned for a period of one year or more continuously, or replaced by a conforming structure, the premises shall not thereafter be used except in conformity with the regulations of the district in which it is located, except if the use is a farm use as herein defined.
A. 
In order to administer this article, the Zoning Officer shall maintain a register of nonconforming uses, structures and lots.
B. 
The purpose of maintaining a register of nonconforming uses, structures or lots is to provide an administrative means for a landowner to establish and preserve evidence of a nonconforming use, structure or lot.
C. 
An application for a certificate of nonconformity may be made to the Zoning Officer by a landowner. The application shall be made on forms supplied by the municipality on which the landowner shall: identify the nonconforming use, structure or lot; state all information known to the landowner about the date when the nonconforming structure, use or lot came into existence; state the period of uninterrupted existence or continuation of the nonconforming use, structure, or lot; and state the names of all witnesses or list the evidence which may support the claim of existence and continuation of the nonconformity.
D. 
The Zoning Officer shall investigate the claim of nonconformity in order to determine whether or not it came into existence prior to the regulations of this or a prior zoning ordinance which made it nonconforming, whether or not the claimed use has been continuous, and shall determine the extent of the nonconformity.
E. 
If the use, structure or lot is determined by the Zoning Officer to be a valid, preexisting, continuous, nonconforming use, structure or lot, the Zoning Officer shall issue a certificate of nonconformity. Said certificate shall identify the nonconformity, state the dates of its inception and continuity, and define the extent of the nonconformity in terms relevant to the use, structure or lot as determined by the Zoning Officer.
F. 
If the Zoning Officer denies an application for a certificate for nonconformity, the Zoning Officer shall state in writing the reasons for his denial and the results of his investigation upon which he bases the denial.
G. 
The Zoning Officer shall make the determination upon each application for a certificate of nonconformity within 30 days of receiving a complete application for certificate of nonconformity together with the filing fee as established by the municipality for such applications. No application shall be considered complete until the fee for filing has been received.
H. 
The Zoning Officer shall maintain a record of all applications filed, determinations made, and certificates issued or denied.
I. 
Any person aggrieved by the determination of the Zoning Officer's issuing or denying an application for a certificate of nonconformity may appeal the action within 30 days of its issuance to the Zoning Hearing Board.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any structure 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 structure 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.