If, within the zoning districts established by a prior zoning ordinance, this chapter, or due to amendments that may later be adopted, there exist lots, structures, uses or signs which were lawful before regulations first enacted but which would be prohibited, regulated or restricted under the terms of this chapter, ordinances restated by this chapter and/or future amendments of this chapter, it is the intent of this chapter to permit these nonconformities until they are abandoned or removed, except as specifically designated to the contrary in this chapter.
A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such a nonconforming use. A nonconforming use shall be considered abandoned when one or more of the following conditions exist:
A. 
When the intent of the owner to discontinue the use is apparent.
B. 
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days of the equipment removal, unless other facts show an intention to resume the nonconforming use.
C. 
When the nonconforming use has been discontinued for a period of six months.
D. 
When the nonconforming use has been replaced by a conforming use.
E. 
When the nonconforming use has been changed to another use under approval of the Zoning Hearing Board.
F. 
When a nonconforming lot with a nonconforming use on the lot has been reduced to a size smaller than required in a zoning district where such lot or use is permitted, no new nonconforming lots may be created by the subdivision of property.
A nonconforming building, structure or use may be changed to another nonconforming use of the same type in a zoning district as a special exception by the Zoning Hearing Board subject to the following provisions:
A. 
Access to the property is permitted by Fairview Township or the PA Department of Transportation with an approved highway occupancy permit.
B. 
Property and outdoor lighting shall comply with the Fairview Township Subdivision and Land Development regulations.[1]
[1]
Editor's Note: See Ch. 334, Subdivision and Land Development.
C. 
The hours of operation of a business shall be reasonable and limited by the Zoning Hearing Board.
D. 
The property shall comply with the Fairview Township Stormwater Ordinance. [2]
[2]
Editor's Note: See Ch. 320, Stormwater Management.
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a zoning permit has been issued or the construction of which shall have been diligently pursued within two months of the date of such permit, and the ground floor framework of which shall have been completed within four months of the date of the permit, and which entire building shall have been completed according to such plans as filed within one year from the date of enactment of this chapter.
Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification, the requirements of the original zoning district shall apply to any nonconforming uses or structures existing therein.
A nonconforming use may be expanded as a special exception upon approval of the Zoning Hearing Board, subject to the following provisions:
A. 
The expansion becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
B. 
The expansion does not encroach upon the yard requirements of the district in which the nonconforming use is presently located.
C. 
The expansion is for the purpose of expanding only the nonconforming use on the original parcel in existence at the time of the legal acceptance of this chapter or amendment thereto. Extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
D. 
A second conforming principal use may be added to a nonconforming use when meeting all zoning, subdivision, land development and other local, county and state requirements.
All nonconforming uses existing at the time of the enactment of this chapter or amendments thereto shall be registered and maintained for public record in the office of the Zoning Officer.
Nothing in this chapter shall prevent the required reconstruction, repair, rebuilding and continued use of any nonconforming building or structure as a result of fire, collapse, explosion or act of God subsequent to the date of enactment of this chapter, provided said work to the destroyed or damaged building is initiated within one year of the date of damage. To be entitled to the benefits of this provision, written notice to the Township of the event causing the damage shall be provided within 15 days of the event.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the illegal use of a nonconforming structure or premises in violation of Township regulations in existence at the time of the effective date of this chapter.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority. Any such work shall be performed in a manner consistent with the requirements of the Pennsylvania Construction Code Act.