For nonconforming lots of record, the owner shall apply to the
Zoning Hearing Board for the appropriate variances for the use of
said lot. If two or more lots with continuous frontage in single ownership
and if all or part of the lots do not meet the requirements for lot
width and area in the respective district, the lands involved shall
be considered to be an undivided parcel for the purpose of this chapter.
No portion of said parcel shall be used which does not meet lot width
and area requirements established by this chapter, nor shall any division
of the parcel be made which leaves remaining any lot with width or
area below the requirements stated in this chapter.
Where lawful use of land exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be continued, subject to the following provisions:
A. No such nonconforming use shall be expanded to occupy a greater area of land than was occupied at the effective date of this chapter, except as specified by Article
XXIV.
B. No such nonconforming use shall be moved to any other position of
the lot occupied by such use at the effective date of this chapter.
C. If any such nonconforming use of land ceases for a period of more
than 12 months, any subsequent use of such land shall conform to the
regulations for the district in which such land is located.
Where a lawful structure exists that could not be built under
the terms of this chapter, such structure may be continued so long
as it remains otherwise lawful, subject to the following provisions:
A. A structure may be enlarged or altered one time without application
to the Zoning Hearing Board, provided that such expansion does not
entail an increase in gross floor area of greater than 25%, as determined
and approved by the Zoning Administrator.
B. Should such structure be destroyed by any means, it may be rebuilt,
provided the use and intensity of use is no more objectionable or
no greater than existed prior to destruction. Application for permit
to rebuild a nonconforming structure shall be filed within 12 months
of the date of destruction, otherwise it shall not be reconstructed
except in conformity with the provisions of this chapter unless a
variance is granted by the Zoning Hearing Board.
C. Should such structure be moved for any reason, it shall thereafter
conform to the regulations for the district in which it is located
after moved.
If a lawful use of a structure or of a structure and premises
in combination exists that would not be allowed in the district, the
lawful use may be continued subject to the following provisions:
A. An existing structure devoted to a use not permitted in the district
in which it is located may be enlarged, extended, constructed, reconstructed,
or structurally altered upon granting of a variance by the Zoning
Hearing Board.
B. Any nonconforming use may be extended throughout any parts of a building,
but no such use shall be extended to occupy any land outside such
building.
C. If no structural alterations are made, any nonconforming use of a
structure or structure and premises may be changed to another nonconforming
use, provided that the Zoning Hearing Board shall find that the proposed
use is equally or more appropriate to the district than the existing
nonconforming use. In permitting such change, the Zoning Hearing Board
may require additional conditions and safeguards.
D. Once a nonconforming use is superseded by a permitted use, the nonconforming
use shall not be resumed.
E. When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 12 consecutive months,
they shall not be used except in conformance with the regulations
of the district in which it is located.
F. Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
Any use for which a special exception is granted shall be deemed
a conforming use.