This article shall apply to existing uses, structures, buildings, lots, and signs that do not conform to the provisions of this chapter, but that were in lawful existence either as conforming or nonconforming prior to the effective date of this chapter. Such shall be known and regarded hereon as "nonconforming."
A. 
The zoning districts established by this chapter are designed to guide future use of land in Thornbury Township by encouraging the development of desirable residential and commercial areas, with appropriate groupings of compatible and related uses.
B. 
To achieve that end, the following regulations shall apply to existing uses, buildings, structures, lots and signs which do not conform to the provisions of this chapter or to the provisions of any subsequent amendment hereto. It is the policy of Thornbury Township to seek the elimination of such nonconformities to the maximum extent practical while avoiding undue burdens on property owners and assuring equitable treatment. Nonconforming uses and structures, however, generally will be permitted to remain. The purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their location.
C. 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or intended use of any building on which actual construction was lawfully begun prior to the effective date, or amendment, of this chapter, and on which actual building construction has been diligently carried on.
Any lawful building or other structure, use of a building, structure, lot, or sign legally existing at the time of adoption of this chapter, or authorized by permit issued prior thereto, may be continued in the form evident at the effective date of this chapter and any subsequent amendment(s).
A. 
Expansion of a nonconforming use. Any lawful nonconforming use of buildings, structures, or a portion thereof may be expanded throughout the building or structure if no structural alterations are made therein. A proposed expansion may include structural alterations only when authorized as a special exception by the Zoning Hearing Board, subject to the following:
(1) 
Such expansion shall conform to the area and bulk requirements and design standards of this chapter within the district in which it is located.
(2) 
The expansion of a nonconforming use shall be limited to the lot that was in existence on the effective date of this chapter. Lots shall not be merged to allow for the expansion of a nonconforming use.
(3) 
The volume, area, or extent of the nonconforming use devoted to such expansion shall not be increased by more than 25% of the volume, area, or extent so used on a lot or within a building or structure on the date that it became nonconforming. Such increase shall only be permitted to occur one time over the existence of the nonconforming use.
(4) 
A nonconforming use shall not be expanded to displace conforming uses.
(5) 
The applicant shall have the burden of proof that the application falls within the provisions of this article and that the granting of the application will not be contrary to the public interest. It shall also be the applicant's burden to produce evidence in support of the application which will assist the Zoning Hearing Board in applying the criteria set forth in § 155-2005A.
B. 
Alteration of a nonconforming structure. Any lawful nonconforming building or structure may be altered or expanded, provided such alteration or expansion does not increase the nonconformity of the building or structure with respect to the setback, land coverage, density, or other applicable requirements of the district where it is located, provided that:
(1) 
A nonconforming building or structure shall not be expanded to displace a conforming building or structure.
(2) 
No expansion of a nonconforming building or structure shall be permitted that would result in additional disturbance to a protected area as defined under Article XIV, Natural Resources Protection.
(3) 
The expansion of any existing nonconforming building or the construction of any new building or structure shall require a special exception when the total floor area will be increased by more than 50% of the floor area of the nonconforming building or structure on the date that it became nonconforming. In granting a special exception, the Zoning Hearing Board shall evaluate conformance with the standards set in § 155-2005A, and no more than one expansion to a nonconforming building shall be granted.
C. 
Change in use: conforming. Once changed to a conforming use, within a structure or on land, the use shall not be permitted to revert to a nonconforming use.
D. 
Change in use: nonconforming. A nonconforming use, within a structure or on land, may be changed to another nonconforming use only when the proposed change is a use characterized by the same or lesser impacts on adjoining properties in the zoning district in which it is proposed and only when authorized as a special exception by the Zoning Hearing Board. In making its determination, the Zoning Hearing Board shall employ the criteria set forth under § 155-2005A, in addition to the following:
(1) 
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where it is located.
(2) 
Proposed structural alterations, if any, shall be deemed the minimum necessary to facilitate the proposed use and should not create nor increase any structural or dimensional nonconformity.
E. 
Restoration. A nonconforming building or structure or a building or structure containing a nonconforming use involuntarily damaged or destroyed by fire, explosion, flood, wind, or other similar cause, to an extent of not more than 50% of the area utilized for the nonconforming use being destroyed or legally condemned, may be restored within the limits of the existing foundation and original dimensions and used for the same use, provided that:
(1) 
Reconstruction of the building or structure shall commence within one year from the date such was damaged, destroyed, or condemned and shall be completed within one year of the date of damage, destruction or condemnation and shall be carried on consistently without major interruption on a time schedule agreed to by the Building Codes Officer at the time of building permit issuance. Evidence of a hardship beyond the control of the applicant is necessary to request an extension of time from the Building Codes Officer.
(2) 
The reconstructed building or structure shall not exceed the area and bulk of the damaged or destroyed building or structure, except as provided for in § 155-1903A or § 155-1903B, as applicable. However, such building or structure may be rebuilt to be larger than existed at the time of its damage or destruction, provided that such shall meet this chapter and other applicable regulations and the expanded portion of such shall only be for a conforming use.
(3) 
Where the extent of damage or destruction exceeds 50% of a nonconforming structure, any restoration, reconstruction or new construction shall comply fully with the terms of this chapter.
F. 
Discontinuance. If an owner of a building or land which is occupied as a nonconforming use desires to discontinue such use for an extended period of time, but intends to resume such use at a later date, he/she may apply to the Board of Supervisors, in writing, for a Certificate of Continuance stating the reasons for and duration of the discontinuance and the date upon which such use will be resumed. Certificates shall be granted for periods of up to one year and may be renewed for an additional one year period upon reapplication.
G. 
Abandonment. If a nonconforming use of land or a building ceases or is discontinued for a continuous period of six months or more and no Certificate of Continuance has been granted, as stipulated in § 155-1903F, such use shall be considered to have been abandoned, and any subsequent use of such building or land shall conform to the provisions of this chapter. Similarly, if a Certificate of Continuance and renewal are granted but the nonconforming use is not resumed within the stipulated time period, such use shall be considered to have been abandoned, and any subsequent use of such building or land shall conform to the provisions of this chapter.
H. 
Voluntary demolition. Where a nonconforming building or structure is voluntarily demolished or destroyed, except for its reconstruction and/or modernization, the nonconforming structure, shall be deemed to have been discontinued, and any building or structure thereafter shall conform to the provisions of this chapter.
A. 
A nonconforming lot of record held on the effective date of this chapter and that is in single and separate ownership, which does not meet the required minimum area or dimensional requirements of the applicable district, may be used and a structure or building may be built thereon, provided:
(1) 
The proposed use is permitted under the district; and
(2) 
The structure complies with zoning district provisions for yards, setbacks, height, building coverage, and lot coverage.
B. 
If a nonconforming lot involves protected areas as defined in Article XIV, Natural Resource Protections, no more than 10% of the lot may be disturbed by structures or other land alteration; however, if the subject property is a lot of less than 30,000 gross square feet, a total area of up to 3,000 square feet may be disturbed.
C. 
In the event an applicant owns adjacent property sufficient to enable compliance with the provisions of this chapter, such property or portions thereof shall be combined prior to the erection, expansion, enlargement, or alteration of a building or structure.
D. 
Where a lot cannot meet all minimum yard requirements or where alterations or enlargements would result in further noncompliance with applicable district requirements, the use of such lot shall require authorization as a special exception by the Zoning Hearing Board. No application for such special exception shall be granted if the area of the lot in question is less than 50% of the required minimum lot area or width for the district in which it is located.
A. 
Any nonconforming sign may continue to be used in its existing location, provided it is maintained in good condition and repair at all times. Once a nonconforming sign is removed for any reason other than normal repair and maintenance as outlined in § 155-1905C, it shall be presumed to be abandoned, and any replacement sign must comply with all applicable provisions of Article XVII, Signs.
B. 
Area. The total area of all such signs relating to a single use at the effective date of this chapter, or at the effective date of any amendment to this chapter by which any sign shall be made nonconforming, shall not be increased.
C. 
Repair and maintenance. Nonconforming signs once removed or damaged more than 60%, including structural framing or bracing, shall be replaced with conforming signs. Nonconforming signs with damage of 60% or less may be repainted or repaired, provided that such repainted or repaired sign does not exceed the dimensions of the existing sign or otherwise increase its nonconformity.
D. 
In conjunction with a nonconforming use. Signs which, at the effective date of this section, or subsequent amendment, are maintained in connection with and upon the same lot as a lawful nonconforming use may be maintained, repaired or replaced with signs similar in size and character, as long as such lawful nonconforming use continues, but may not be enlarged or otherwise substantially altered (nor may any illumination be increased or newly installed).
E. 
Discontinuance. Whenever any nonconforming use of building, structure, or land, or a combination or portion thereof, is abandoned per § 155-1903F, all signs accessory to such use shall be removed within 30 days from the date such use terminates.
In addition to the applicable provisions as outlined in Article XIX, a structure or use of a structure or premises which lawfully existed before the enactment of floodplain management provisions, but which is not in conformity with those provisions, shall be subject to the requirements of § 83-29 if expansion or improvements are proposed.