It is the intent of this chapter to encourage the eventual removal or reconfiguration of nonconforming uses and structures while at the same time protecting the rights of property owners to utilize the current economic use and character of their property, as it was situated and utilized prior to the adoption of this chapter.
Property owners may request the registration of uses or structures that do not conform to the provisions of this chapter. The Zoning Officer, upon such request, shall issue or deny the issuance of such registrations based upon the provisions of this section and evidence provided by the applicants for said registration.
Where lots of record exist at the time of adoption of this chapter, the following shall apply. Where adjacent nonconforming lots of record under common ownership exist at the time of adoption of this chapter, said lots shall be considered as one zoning lot, regardless of the transferring of one or more of said lots to subsequent or varying ownership. Therefore, the Zoning Hearing Board shall consider no hardship which has a basis in the configuration of one of said lots. The Zoning Officer shall approve the construction of principal or accessory structures and uses on nonconforming lots of record where setbacks, lot coverage, uses, and all remaining requirements conform to this chapter.
A. 
Owners of said structures shall have the right to repair, improve, or expand nonconforming structures only to the extent that the nonconformity is not increased.
B. 
Where a nonconforming residential structure, whether principal or accessory, is demolished, whether by intent of the owner or by damage or destruction, said structure may be reconstructed within the same dimensions or altered dimensions, which do not increase any nonconformity or noncompliance with this chapter, within one year of the date of said demolition.
C. 
Where a nonresidential structure, whether principal or accessory, is demolished by act of God, fire, or accidental damage, said structure may be reconstructed within the same dimensions within one year of the date of said demolition.
D. 
Where a nonresidential structure, whether principal or accessory, is voluntarily demolished, subsequent structures shall be reconstructed in accordance with this chapter.
E. 
Nonconforming signs, unless demolished by act of God or accidentally, shall be reconstructed in a manner meeting the provisions of this chapter. Demolition, for purposes of this section, shall not include replacement of the sign's face.
F. 
Parking lots, accessory to nonresidential uses, which are nonconforming with respect to impervious surface coverage, setbacks, and number of spaces required shall conform to the requirements of this chapter upon one or more of the following circumstances:
(1) 
Voluntarily demolition and subsequent reconstruction of the principal structure(s);
(2) 
Addition to the principal structure which requires reconfiguration or elimination of some or all of the parking lot area;
(3) 
Any change or expansion of the principal use which requires additional parking spaces in accordance with this chapter.
A. 
Nonconforming uses shall bear the following rights and limitations:
(1) 
Nonconforming uses shall have the right to expand to parts of the structure out of which said uses operate that were expressly designed to accommodate said use.
(2) 
Nonconforming uses shall be entitled to reasonable expansion necessary for said use to continue in operation. Said expansion shall be determined by the Zoning Hearing Board as a special exception wherein the applicant shall demonstrate the following:
(a) 
The expansion of the use is commensurate with changes in production processes, storage, or business operations which typify the principal use of the establishment.
(b) 
The expansion is necessary to maintain the economic viability of the subject establishment.
(c) 
The expansion represents the minimum impact to neighborhood character necessary to accommodate the reasonable expansion.
(d) 
In no case shall an expansion cumulatively exceed an additional 40% of the site or area currently occupied by the establishment or use since the adoption of this chapter.
(3) 
Nonconforming uses shall lose their status when said use ceases to operate for more than 12 consecutive months and where the structure and business are not actively marketing for sale for a period of more than 12 consecutive months. In said cases, the Zoning Officer shall not register said uses as nonconforming uses.
(4) 
Where the structure in which a nonconforming use operates is completely demolished or destroyed and where a total loss of the ability to repair said structure occurs, the structure and land upon which said structures was situated shall lose its nonconforming use status. The phrase "completely demolished" shall be defined as a total loss of the structure's value and the inability to repair the structure without rebuilding substantial structural portions of the structure, as determined by the Municipal Engineer.
B. 
Change of nonconforming use. A property owner may appeal to the Zoning Hearing Board for a change in nonconforming use, where a similar use is proposed. The Board shall evaluate the application in terms of the level of impact on surrounding properties, wherein the applicant shall demonstrate that the use proposed is generally within the same three-digit NAICS classification or bears similar operational practices. The Board may attach any conditions as necessary to ensure that the level of impact does not exceed that of the existing nonconforming use.