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 or as otherwise set forth in this Part 23.
B. 
Enlargement or expansion. A nonconforming use may be expanded or enlarged upon approval by the Zoning Hearing Board as a use by special exception and subject to compliance with the following criteria:
(1) 
The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
(2) 
The extension does not encroach upon the lot area requirements and the maximum building height and other dimensional requirements of the zoning district in which the nonconforming use is presently located.
(3) 
The extension is for the purpose of expanding the nonconforming use in existence at the time of the adoption of this chapter or amendment thereto which caused the use to become nonconforming.
(4) 
Such extension does not result in an increase in total floor area or lot use area of more than 50% of the total building lot coverage legally occupied on or before September 9, 1993.
(5) 
A nonconforming use may not increase in volume if such expansion will displace a conforming use.
(6) 
The expansion of a nonconforming use shall comply with the setback dimensions of the zoning district in which it is located.
(7) 
Adequate parking can be provided in conformance with this chapter to serve both the original plus expanded use.
(8) 
Such expansion does not present a threat to the health or safety of the community or its residents.
(9) 
This subsection shall not apply to signs.
(10) 
A nonconforming use, when expanded, shall also meet the specific criteria to be applied to particular conditional uses, as listed in Part 14 hereof, to the extent the use falls within the definition of any such conditional use.
C. 
Change of nonconforming use. A nonconforming use shall not be changed unless to a conforming use, except as permitted by approval of the Board of Supervisors as a conditional use in accordance with Part 14 of this chapter, and subject to compliance with the following criteria:
(1) 
The proposed use shall be reasonably similar in terms of overall function or the changed use bears the same three-digit North American Industrial Classification Number as set forth in the most recent edition of the North American Industrial Classification System as published by the United States Bureau of Labor Statistics as the existing nonconforming use.
(2) 
The proposed use shall be reasonably similar or have more limited hours of operation.
(3) 
The proposed use shall be reasonably similar or have less trips generated.
(4) 
The proposed use shall be similar or have less overall impact.
(5) 
The proposed use shall not add trips, additional outside storage, noise, or any other adverse impact.
D. 
Damage and reconstruction.
(1) 
Any structure which houses a 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 cubic content that before such casualty.
(2) 
Where the nonconforming use is a billboard and the associated billboard structure is demolished by more than 50% of the sign area, said billboard shall not be reconstructed.
(3) 
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 or structure and/or lot shall not be used except in conformance with the regulations of the zoning district in which it is located.
The following provisions shall apply to all nonconforming structures, as defined by this chapter, in all zoning districts:
A. 
Structural alteration. No such structure may be enlarged or structurally altered in a way that increases its nonconformity.
B. 
Damage or destruction. If a nonconforming structure is partially or completely damaged or destroyed by fire, collapse, explosion or other disaster, it may be reconstructed or repaired, provided that the reconstruction and repair activities for the structure commence within one year of the date that the original structure was damaged or destroyed and are completed within two years of the date that the original structure was damaged or destroyed. However, reconstruction or repair shall not make the structure more nonconforming, in any respect, than it was prior to damage or destruction.
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. 
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 50% of their replacement cost at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter.
(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 chapter 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 the safety of the populace.
The following regulations shall apply to all nonconforming lots, as defined by this chapter, in any zoning district:
A. 
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 lots shall be considered to be an undivided lot for the purpose of complying with this chapter. No division of any lot shall be made which does not comply with the requirements of this chapter. Any change in lot lines, necessary to meet the minimum requirements of this chapter, shall constitute a revision to the recorded plan and shall meet all applicable requirements of the Subdivision and Land Development Ordinance (Chapter 22).
B. 
Any lot of record existing at the effective date of this chapter and held in separate ownership different from the ownership of adjoining lots may be developed in accordance with the requirements of the zoning district of the lot of record.
C. 
Where structures exist on adjacent nonconforming lots of record which have front yards less than the minimum depth required, the minimum front yard for an adjacent undeveloped nonconforming lot of record shall be the average depth of the nonconforming front yards of the adjacent developed nonconforming lots which are in the same block on the same side of the street and in the same recorded plan as the undeveloped lot. Private garages, storage sheds, swimming pools and similar structures shall be located to the rear of the permitted principal structure and may be permitted in the rear yard, provided that they are no closer than 10 feet from the rear lot line and are not located on any easements or rights-of-way.
Subject to the provisions of this Part 23, a nonconforming lot, nonconforming building or structure or nonconforming use may be continued even though such does not conform to the provisions of these regulations for the district in which it is located. The Zoning Officer may keep and maintain a list of all nonconforming lots, buildings and structures or uses existing at the time of the passage of this chapter, its predecessors or amendments thereto, and which may come to exist in the future.