A. 
Unless otherwise specified in this Article XI of this chapter, all lawful uses existing on the effective date of this chapter may be continued, altered (extended, expanded, and/or enlarged), restored, reconstructed, sold, or maintained in accordance with the provisions of this chapter.
B. 
All lawful nonconforming lots of record, due to lot areas and/or dimensions, existing on the effective date of this chapter or created by an amendment to this chapter, may be continued, although such lots do not conform to the lot requirements for the zoning district in which they are located.
A. 
Nonconformities may be reported to the Zoning Officer by the owner, user, lessor, or lessee, and be registered by the Zoning Officer within one year of the effective date of this chapter. The Zoning Officer, upon proof of a legal nonconformity, may certify the existence of the nonconformities.
B. 
Should a nonconformity not be reported or identified within one year, the owner of the nonconformity shall have the right to show by a preponderance of the evidence to the Zoning Officer that the nonconformity existed upon the effective date of this chapter.
A. 
Any existing lot of record held in sole and separate ownership different from the ownership of abutting lots may be used for the establishment of a use and/or erection of a structure which will contain a use permitted by the applicable zoning district in which it is located, even though its dimensions are less than the minimum requirements of this chapter, except as set forth in this Article XI of this chapter.
B. 
Otherwise, the following requirements apply to the development and use of a nonconforming lot:
(1) 
Where possible, contiguous nonconforming parcels under common ownership should be combined to create conforming lots.
(2) 
No provision of this chapter relating to front, side and/or rear setback requirements shall prevent the reasonable use of a nonconforming lot of record. The Zoning Hearing Board may grant a reduction in the requirement for side or rear setbacks for lots of record which lack required lot width or depth. However, in no event may such setback dimensions be reduced by more than 25% of what is required without the approval of the Zoning Hearing Board of the Township of Fairview.
(3) 
For front setback reductions for lots of record which lack required lot depth, see Article VII of this chapter, relating to yard and setback exceptions and alterations.
A. 
Alterations and reconstruction.
(1) 
Repairs, routine maintenance, and/or structural alterations not constituting an extension, expansion, and/or enlargement may be made to a nonconforming use or structure or to a structure occupied by a nonconforming use, provided such repairs, maintenance, and/or structural alterations do not change the use or the exterior dimensions of the structure, building, or use.
(2) 
Restoration.
(a) 
A nonconforming building which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use; provided, that:
[1] 
The reconstructed building shall not exceed in height, area and volume the building destroyed, plus that allowed by extension.
[2] 
Building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption.
(b) 
A nonconforming building which has been legally condemned shall not be rebuilt or used, except in accordance with the provisions of this chapter.
B. 
Extensions, expansions, and enlargements.
(1) 
The Zoning Hearing Board of the Township of Fairview may permit by special exception the extension, expansion, or enlargement of any lawful nonconforming use and/or structure if the applicant proves to the satisfaction of the Zoning Hearing Board of the Township of Fairview that all of the terms and conditions set forth below are satisfactorily addressed:
(a) 
Any extension, expansion, or enlargement of a nonconforming structure or use shall not exceed 25% of the total gross floor area of the nonconforming structure or total gross lot area of the use (as applicable) at the time it became nonconforming.
(b) 
Any extension, expansion, or enlargement shall conform to the building height, area/footprint, setback, and impervious lot coverage regulations of the zoning district in which it is located.
[1] 
If an existing structure or use has a lawfully nonconforming setback, additions, and expansions may occur to increase the height above such setback or to extend other portions of the structure or use out to the nonconforming front, side, and/or rear setback line, provided that:
[a] 
The use or structure shall not be extended beyond the existing nonconforming setback line.
[b] 
No additional nonconformity shall be created.
[c] 
The new nonconforming extension shall not be greater than 25% of the existing floor area or lot area (as applicable).
[d] 
All other requirements of this Article XI of this chapter are met.
[e] 
Such addition shall not be permitted for a structure proposed for use by a nonresidential use on a lot that abuts a lot with an existing permitted residential use in the RL, RS, RMU, VR, and/or VMU Zoning Districts.
(c) 
All loading and parking spaces for any extension, expansion, or enlargement shall comply with the requirements of Article VIII of this chapter.
(d) 
Any extension, expansion, or enlargement of a nonconforming structure or use shall not be permitted to extend into vacant parcels of land adjacent to the parcel containing the nonconforming structure or use, where such vacant parcels have been separately recorded or acquired prior to the effective date of this chapter.
(e) 
Extensions, expansions, or extensions of nonconforming signs shall be prohibited, except as provided in Subsection C below and this Article XI, relating to nonconforming signs.
(f) 
The intensity of a nonconforming use (resulting nuisances such as air pollution, noise, glare, vibrations, delivery traffic, hazards, etc.) shall not be increased.
(g) 
The extension, expansion, or enlargement would meet the standards that apply under Article XII of this chapter relating to special exceptions.
C. 
Nonconforming businesses in the RL, RS, and/or VR Zoning Districts. In addition to the standards set forth in Article IX of this chapter relating to signs and the standards below, nonconforming businesses in the RL, RS, and VR Zoning Districts existing as of September 24, 1991, are permitted to have signs:
(1) 
The maximum area shall be 200 square feet.
(2) 
The sign shall advertise on-premises businesses only.
A. 
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
B. 
Whenever a nonconforming use has been changed to a more restricted classification (e.g., business office to single-family residential) or to a conforming use, such use shall not hereafter be changed to a use of less-restricted classification (e.g., single-family residential to retail store) unless in compliance with the rules for such change as outlined by this Article XI of this chapter.
C. 
A nonconforming use may be changed to another nonconforming use only by the granting of a special exception by the Zoning Hearing Board of the Township of Fairview in compliance with Article XII of this chapter relating to the Zoning Hearing Board. Where a special exception approval is required, the Zoning Hearing Board of the Township of Fairview shall determine whether the applicant has provided sufficient proof to show the following:
(1) 
The proposed use is in general conformity with the most recent version of the Fairview Township Comprehensive Plan, and/or other applicable plans adopted by Fairview Township, and will be in harmony with the zoning district, neighborhood, and area in which it is proposed to be located.
(2) 
The external impacts associated with the proposed use would be equal to or less intensive than the external impacts associated with the existing nonconforming use.
(3) 
The character of the proposed use would be similar to the character of the existing nonconforming use.
(4) 
The location of the proposed use would not endanger the public health and safety, and the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.
(5) 
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with Article VII of this chapter, relating to nonresidential and other uses waste-handling requirements, and all state and federal regulations.
(6) 
The proposed use shall comply with Township building, health, housing, rental, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licensed, certificates, and permits shall have been obtained and presented to the Township, or shall be a condition of approval.
(7) 
The applicant shall provide:
(a) 
A hours of operation and management plan as required in Article VII of this chapter relating to hours of operation and management plan.
(b) 
A detailed description of how the proposed use and development complies Subsection C(1) through (6) in this subsection.
(c) 
Plot/site plans required in Article XII of this chapter relating to applications for zoning permits.
(d) 
A schematic architectural drawing of the principal building(s) front facade(s).
A. 
A nonconforming use shall be presumed abandoned when operations associated with the nonconforming use have ceased by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within one year from the date the activity stopped and the use is not actively advertised for sale or lease. Such nonconforming use shall not thereafter be reinstated except in conformance with this chapter.
B. 
A nonconforming use, which is actively marketed, but has not been sold or leased, shall not be considered abandoned. The applicant shall be responsible to provide evidence that the nonconformity was not abandoned.
C. 
Except for in a mobile/manufactured home park, the removal of a nonconforming mobile/manufactured home from the site it occupied (and if such site is not leased, actively marketed, or purchased within one year or less) shall constitute abandonment of the site, and any occupation or subsequent use of said site shall conform with the provisions of this chapter.
D. 
The removal of a mobile/manufactured home from a residential lot already occupied by a residential structure shall constitute abandonment of the nonconforming use and such use shall not thereafter be permitted.
E. 
Mobile home parks which are nonconforming under the terms of this chapter shall be operated in accordance with Public Health Regulations, Commonwealth of Pennsylvania, DEP, under the provisions of Act 175 of April 9, 1929, P.L. 177, as amended, and all other applicable laws.
A. 
Unless otherwise provided in this section, signs legally existing as of September 24, 1991, and which do not conform to the requirements of this chapter, shall be considered nonconforming signs, and shall comply with all other sections in this Article XI of this chapter, except that a nonconforming sign shall not be extended, expanded or enlarged in any manner that would increase the degree of the nonconformity.
B. 
The sign area (sign face surface area) of an existing lawful nonconforming sign may be replaced with a new sign area (sign face surface area), provided the new sign area (sign face surface area) is not more nonconforming in any manner than the previous nonconforming sign area (sign face surface area). Add clarification for sign face or area, but not structure/posts.