[Ord. 738, 8/18/2009]
Subject to the provisions of this Article, a nonconforming lot, nonconforming structure or nonconforming use may be continued even though it does not conform to the provisions of this Ordinance for the district in which it is located. The Zoning Officer may keep and maintain a list of all nonconforming lots, structures or uses existing at the time of the passage of this Ordinance, its predecessors or amendments thereto.
[Ord. 738, 8/18/2009]
The following provisions shall apply to all nonconforming uses.
A. 
Continuation and Change. A nonconforming use may be sold or otherwise transferred to other owners and may be continued, but shall not be changed in use unless to a conforming use.
B. 
Enlargement or Expansion.
(1) 
Where a nonconforming use is conducted inside a building or structure, the floor area of the structure and the nonconforming use within it may be enlarged when permitted by the Joint Planning Commission in accordance with Article VI of this Ordinance.
(2) 
Any nonconforming use may be extended by 25% throughout any part of a structure which was designed for such use at the time the use became nonconforming; however, a nonconforming use shall not be extended to occupy any structure or portion of a lot, except on a lot or portion of a lot owned at the time the use became nonconforming. This shall be approved by the Joint Planning Commission according to this Ordinance.
(3) 
This subsection shall not apply to signs.
C. 
Damage and Reconstruction. Any structure which accommodates or supports an officially recognized nonconforming use which is damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is initiated and diligently pursued within 12 months of such casualty and if the restored structure has no greater lot coverage and contains no greater volume than before such casualty.
D. 
Abandonment. In the event that any nonconforming use conducted in a structure or on a lot is abandoned for a period of 12 consecutive months or longer, such nonconforming use shall be deemed to be abandoned and shall not be resumed. Once the nonconforming use is abandoned, the building, structure and/or lot shall not be used except in conformance with the regulations of the Zoning District in which it is located.
[Ord. 738, 8/18/2009]
The following provisions shall apply to all legally existing nonconforming structures, as defined by this Ordinance, in all Zoning Districts.
A. 
Structural Alteration. No such structure may be enlarged or structurally altered in a way that increases its nonconformity, except when the applicable Zoning Hearing Board, after a public hearing, may determine undue hardship and may authorize a reasonable modification of such structure.
B. 
Damage or Destruction. Any nonconforming structure which has been partially or completely damaged or destroyed by fire or other means may be rebuilt or repaired on its existing foundation even though such foundation may violate the setback requirements for the Zoning District in which the structure is located, provided that the repair or reconstruction and re-occupancy of the structure occurs within 12 months of the date that the original structure was damaged or destroyed.
C. 
Moving. Should a nonconforming structure be moved for any reason for any distance, it shall thereafter conform to the requirements of the Zoning District in which it is located.
D. 
Legally Recognized Signs.
(1) 
Nonconforming signs may be repaired or reconstructed, provided that no structural alterations are made which increase the gross surface area of the sign; however, nonconforming signs which are damaged or destroyed to an extent of more than 75% of their replacement cost at the time of destruction shall not be reconstructed except in conformity with the provisions of this Ordinance.
(2) 
Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of poster panels shall be permitted.
E. 
Repair or Maintenance. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting public safety.
[Ord. 738, 8/18/2009]
The following regulations shall apply to all non-conforming lots, as defined by this Ordinance, in any Zoning District.
A. 
Any legally recorded lot or subdivision existing at the effective date of this Ordinance may be developed in accordance with the requirements of Article IV.
B. 
No division of any lot shall be made which does not comply with the requirements of this Ordinance. Any change in lot lines necessary to meet the minimum requirements of this Ordinance shall constitute a revision to the recorded plan and shall meet all applicable Borough requirements.
C. 
Any legally recorded lot or subdivision existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be developed in accordance with the requirements of Article IV. Where two or more adjacent lots of record with continuous frontage have less than the required area and width and are held by one owner, the lot shall be considered to be an undivided lot for the purpose of complying with this Ordinance.
D. 
When the side and/or rear yards of any developed legally existing nonconforming lot(s) are less than the minimum allowable dimensions, any adjacent undeveloped nonconforming lot shall have the average depth of the nonconforming side and/or rear yards.