[Ord. 116, 9/7/2011, § 2200]
From the effective date of this chapter, a nonconforming use, building, or structure may be continued, maintained, and repaired, except as otherwise provided for in this chapter.
[Ord. 116, 9/7/2011, § 2201]
1. 
Expansion, Alteration, and Extension of Nonconforming Uses. A nonconforming use shall not be expanded, altered, or extended unless an application for a special exception has been filed with the Zoning Hearing Board and such expansion, alteration or extension has been approved as a special exception. The Board shall apply the following criteria:
A. 
The proposed expansion shall not exceed 50% of the square foot area of the usable floor space of any building or unenclosed area or 50% of the cubic footage of any building or any unenclosed area in use at the time the lot, building or use became nonconforming.
B. 
The proposed expansion shall not cause an increased detrimental effect on surrounding properties.
C. 
Such alteration, extension, or expansion shall comply with all provisions of this chapter with respect to height, area, width, yard, and coverage requirements.
D. 
The expansion of a nonconforming use of open land shall be limited to a distance of 250 feet in any direction from the existing nonconforming use.
E. 
Such expansion, alteration or extension shall be permitted only upon the same lot as in existence at the date the use became nonconforming.
2. 
Continuance of Nonconforming Use. No nonconforming use may be re-established after it has been discontinued for 12 months and it has been shown or proved the use was intended to be abandoned. Vacation of land or buildings or the non-operative status of the use normally carried on upon the property shall be evidence of discontinuance.
3. 
Substitution of Nonconforming Use. No nonconforming use may be changed to any other nonconforming use except by a special exception. In requesting the special exception, the applicant shall demonstrate the following:
A. 
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district which such nonconforming use is located.
B. 
The proposed substitution will not be more objectionable in external effects than the existing nonconforming use with respect to: (1) traffic generation and congestion, including truck, passenger car, and pedestrian traffic; (2) noise, smoke dust, noxious matter, heat, glare, and vibration; (3) storage and waste disposal; and, (4) appearance.
C. 
The proposed use shall not generate more vehicle trips per day than the existing nonconforming use.
D. 
The proposed use shall not have longer hours of operation than the existing nonconforming use.
E. 
The proposed use shall be permitted in a zoning district in which the existing nonconforming use would be permitted or in a more restrictive zoning district.
F. 
The proposed use cannot increase the number of existing nonconforming uses.
G. 
A conforming use cannot be established with a substitution of a nonconforming use.
H. 
The proposed substitution does not increase any dimensional non-conformities.
I. 
The proposed substitution shall comply with all off-street parking design and performance requirements.
[Ord. 116, 9/7/2011, § 2202]
1. 
Continuation. Any lawful nonconforming building or structure may remain as it existed prior to the effective date of this chapter or any amendment thereto by which such building or structure became nonconforming; provided, however, that any such building or structure shall otherwise be and remain in compliance with any other applicable laws or regulations.
2. 
Nonconforming Building or Structure Changed to Become Conforming. Whenever any nonconforming building or structure shall have been changed or altered to conform to the provisions of this chapter or its amendments in effect at the time of such change or alteration, or whenever any amendment to this chapter shall make such building or structure conforming with the provisions of this chapter or its amendments, then thereafter such building shall remain in conformance with the applicable provisions of this chapter or its amendments.
3. 
Repairs, Renovation, and Modernization of Nonconforming Buildings and Structures. Repairs, renovation, and modernization of nonconforming buildings or structures such as renewal or replacement of outer surfaces or windows, or addition of soundproofing or fireproofing materials, air conditioning, and repair or replacement of structural parts or members of the building or structure, shall be permitted notwithstanding other provisions of this chapter. Such repairs, renovations or modernization shall not change or alter substantially the physical configuration of the nonconforming building or structure or change its position on the ground, provided that no increase in the size of or area covered by the said nonconforming building or structure, nor any extension or expansion of the nonconforming use or area of such use within the building or structure in or on the lot where such nonconforming use is located shall be permitted or authorized by this section. Areas of nonconforming use within a building or structure may be rearranged in connection with such repairs, renovation or modernization if there is not an enlargement or expansion of the nonconforming use within said building or structure.
4. 
Rebuilding of a Nonconforming Building When the Building Is Destroyed. A nonconforming building may be rebuilt if said building is damaged or destroyed by any means, provided that the reconstruction shall be diligently commenced within one year of the date of the destruction or damage. However, the nonconformity of the new building with respect to height, area, and yard requirements as established by other provisions of this chapter shall not exceed that of the original building.
[Ord. 116, 9/7/2011, § 2203]
1. 
Any lot represented on the effective date of this chapter by an existing deed or shown on a subdivision plan recorded in the office of the Recorder of Deeds which does not meet the minimum area requirements of the zoning district in which it is located shall be regarded as nonconforming and may be used for any use permitted in that district, subject to the restrictions of Subsection 2. However, all yard, height, and open space requirements for that district shall be met unless a variance is granted by the Zoning Hearing Board.
2. 
Not withstanding the foregoing, where two or more abutting lots of record are held in one ownership, either legal or equitable, or subsequently come to be held in one ownership, they shall be considered to be a single lot of record for the purpose of this chapter; and the provisions of this chapter shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels.
[Ord. 116, 9/7/2011, § 2204]
Any sign which lawfully existed and was maintained at the effective date of this chapter may be continued, provided such sign is constructed of durable material and is maintained in good condition and repair. A nonconforming sign of any type may be moved to another position or location upon the building, structure or lot on which it is located, provided that the relocation decreases the degree of nonconformity or otherwise improves the appearance and character of the property and is approved by the Zoning Officer.
[Ord. 116, 9/7/2011, § 2205]
1. 
No such buildings may be enlarged or altered in a way which increases its nonconformity with respect to height, area, and yard requirements as established by other provisions of this chapter with the exception of the following:
A. 
Expansion of Dimensionally Nonconforming Residential and Agricultural Structures-Front Yard. A structure which is located within the required front yard setback area of the district in which it is located is permitted to expand, provided that the expanded part of the structure will not extend nearer to the street than that part of the existing structure which is nearest to the street, the minimum side yard and rear yard setbacks areas of the district are complied with, that there is no driveway access between the front of the proposed addition and the abutting street, and the use of the structure is a permitted use in the district in which it is located.
B. 
Expansion of Dimensionally Nonconforming Residential and Agricultural Structures-Side Yard. A structure which is located within the required side yard setback area of the district in which it is located is permitted to expand, provided that the expanded part of the structure is limited to one story and having a maximum height of 16 feet, that the square footage of said expansion shall be no greater than 25% of the first floor area of said original structure, that said expansion shall not extend nearer to the side yard property line, and that the required rear yard and front yard setbacks shall be maintained.
C. 
Expansion of Dimensionally Nonconforming Residential and Agricultural Structures-rear Yard. A structure which is located within the required rear yard setback area of the district in which it is located is permitted to expand, provided that the expanded part of the structure is limited to one story and having a maximum height of 16 feet, that the square footage of said expansion shall be no greater than 25% of the first floor area of said original structure, that said expansion shall not extend nearer to the rear yard property line, and that the required side yard and front yard setbacks shall be maintained.
[Ord. 116, 9/7/2011, § 2206]
1. 
Registration by the Zoning Officer. To facilitate the administration of this chapter, the Zoning Officer may prepare and maintain an accurate listing of uses and structures in all districts not permitted by right in that district, and for which no special exception or variance has been issued, and which does not otherwise comply with all Sections of this chapter. Such a listing shall be a matter of public record and shall constitute sufficient notice of the nonconforming status of said use and the limitations therein expressed and implied to any transferee acquiring any right to use or own such property.
2. 
Form for Registration. The Zoning Officer shall establish and make available at the Township office a form for such registration which shall require such information as deemed necessary to identify such nonconforming buildings, structures, lots, and uses.