A. 
The purpose and objective of the provisions established under Article XXIV of this chapter is to establish specific regulations pertaining to nonconforming uses, lots, land areas, building and/or structures.
B. 
Through the enactment of this chapter, there exists or will exist certain nonconformities which, if lawful before this chapter was passed or amended, may be continued, subject to certain limitations, although such nonconformities would be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto.
C. 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption and on which actual building construction has been diligently conducted upon.
D. 
The provisions established for nonconformities shall be subject to the interpretation of the Zoning Officer. Should a dispute arise concerning the interpretation of these provisions, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board.
From the effective date of this chapter, any existing or proposed structure, building, sign, lot or land area shall not be erected, constructed, placed, altered, extended, maintained, used, or occupied except if it is in conformity with the provisions of this chapter.
From the effective date of this chapter, any use or structure existing at the time of the enactment of this chapter, but not in conformity with the permitted use provisions for the district in which it is located, may be continued subject to the following limitations, except that signs are subject to amortization specified under this chapter.
A. 
Expansion of nonconforming uses.
(1) 
No expansion of a nonconforming structure or use, except a single-family dwelling and its accessory buildings, shall hereafter be made unless an appeal has been filed with the Zoning Hearing Board and such expansion has been approved, subject to § 375-24030J of this chapter.
(2) 
The expansion of a nonconforming use shall be limited to a distance of 150 feet in any direction from the existing nonconforming use and to an area equal to 50% of the existing nonconforming use, whichever is the lesser, or in the case of a building, expansion shall be limited to an area equal to 50% of the existing total usable floor area of the building.
B. 
Continuity of a nonconforming uses. No nonconforming use may be reestablished after it has been discontinued for 12 consecutive months. Vacating of premises or building or nonoperative status of such premises or building shall be conclusive evidence of discontinued use.
C. 
Substitution of nonconforming uses. No nonconforming use may be changed to any other nonconforming use unless the Zoning Hearing Board shall, in granting a special exception, find that the proposed nonconforming use is not more detrimental to the district than the existing nonconforming use of the property and shall not increase any dimensional aspects of nonconformity. The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with such change and the granting of such special exception, subject to the provisions of this chapter. The following provisions shall also apply:
(1) 
The use proposed to be substituted shall not be more detrimental to the other uses within the zoning district than the existing nonconforming use.
(2) 
The proposed use to be substituted shall not generate more traffic than the existing nonconforming use.
(3) 
The proposed use to be substituted, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use.
(4) 
The proposed use to be substituted shall not generate higher levels of noise, smoke, glare or other potential nuisance conditions or safety hazards beyond the boundaries of the property than the existing nonconforming use.
(5) 
The proposed use to be substituted shall not be more detrimental to the neighboring properties and uses than the existing nonconforming use.
(6) 
The existing nonconforming use shall be completely abandoned.
(7) 
A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.
D. 
Damage to nonconforming structures. A nonconforming structure that is partially damaged or entirely destroyed by natural or accidental causes not related to demolition may be rebuilt and occupied for the same use as before the damage, provided that:
(1) 
The reconstructed structure shall not increase any dimensional nonconformity and that the reconstruction shall start within one year from the time of damage to the structure and carried on without interruption.
(2) 
If a nonconforming structure that is not partially damaged or entirely destroyed is voluntarily removed by the landowner, the nonconforming structure cannot be rebuilt or replaced to maintain its nonconforming status.
(3) 
If a landowner allows a nonconforming structure to become inhabitable or unusable through neglect and/or failure to repair the structural, mechanical or other necessary operational components, the structure shall not be rebuilt or replaced to maintain its nonconforming status.
E. 
Discontinued nonconforming use of open or undeveloped land. All nonconforming signs, billboards, junk areas, storage areas, and other nonconforming uses of open land, when discontinued for more than 90 days or damaged or deteriorated to an extent of 50% or more of replacement costs, shall not be continued, repaired, or reconstructed.
F. 
Substitution of a nonconforming use with a conforming use. If a nonconforming use is proposed to be eliminated and a conforming use substituted but certain land regulations cannot be met (such as area, yard, height), the Zoning Hearing Board, with such appropriate conditions and safeguards as the Zoning Hearing Board may see fit, may grant a special exception to permit such nonconforming aspects of the conforming use.
G. 
Location of accessory buildings. Where the existing principal building is located closer to the street than is permitted by these regulations, an accessory building may be located at a setback distance equal to the distance from the street to the front of the existing principal building plus an additional 15 feet and also must comply with the front yard setback, whichever is greater.
H. 
Expansion of a single-family dwelling. Expansion of a single-family dwelling that is a nonconforming use, as well as the placement of accessory buildings, is permitted provided that all building setback requirements of the district in which it is located are complied with except as provided under the provisions specified by this chapter.
I. 
Dimensional nonconformity. Any dimensional nonconformity may be reduced as a use by right. No extension or enlargement of a dimensional nonconformity shall be permitted.
J. 
Additional standards for nonconforming uses. The following standards shall be applied to the review of expansion, alteration or substitution of nonconforming uses:
(1) 
Provision for vehicular access, off-street parking, and off-street loading shall be consistent with the standards of this chapter.
(2) 
Provision for yards, building height, and building area shall be consistent with the standards required for permitted uses in the district in which the nonconformity in question is located.
(3) 
Appearance should be harmonious with surrounding properties, including, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, signage, architecture, and maintenance of all improvements and open spaces.
(4) 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
(5) 
The expansion shall not create any new nonconformities or increase existing nonconformities.
(6) 
Any expansion of a nonconforming structure or a nonconforming use located within the Floodplain Overlay District shall be regulated by the regulations specified under § 375-21040 of this chapter.
(7) 
Excluding expansion, any modification, alteration, repair, reconstruction, or improvement of any kind to a nonconforming use or structure within the Floodplain Overlay District shall be permitted when either elevated above the base flood elevation or floodproofed in accordance with the requirements of this chapter. In no case shall any modification, alteration, repair, reconstruction, or improvement cause unacceptable increases in flood height, velocities, or frequencies.
A. 
Notwithstanding any provision of this chapter to the contrary, no provision of this chapter shall be construed to enable or permit the expansion of a building, structure, sign, or use of land which existed as a nonconforming building, structure, sign, or use of land pursuant to the provisions of any prior zoning regulation or ordinance, in excess of the limits of expansion for a nonconforming building, structure, sign, or use of land authorized by said prior zoning regulation or ordinance.
B. 
It is the express intent and purpose of this chapter that if a building, structure, sign, or use of land which was expanded to the limits of expansion for a nonconforming building, structure, sign, or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure, sign, or use of land shall be authorized. In the event a nonconforming building, structure, sign, or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion, if permitted by this chapter, shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance.
If a nonconforming structure or building or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
A. 
Any nonconforming lot of record held in single and separate ownership on the date of enactment of this chapter or any amendment thereto which rendered such lot nonconforming and continuously held in single and separate ownership thereafter may be developed for any use permitted in the district in which the nonconforming lot is located, provided that such development complies with all setback, coverage, bulk, height and other requirements.
B. 
Any lot held in single and separate ownership on the effective date of this chapter, which does not meet the minimum size or width requirements of the zoning district to which it is located may be used for any use permitted in that zoning district, provided that all yard, height, coverage and open space requirements of the district are met. However, if two or more lots, combination of lots, or portions of lots with continuous frontage held under single ownership are of record at the time of passage or amendment of this chapter and if all or parts of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered to be an undivided parcel for the purpose of this chapter.
In developed areas where existing buildings are located closer to the street than is permitted by these regulations, additions may be constructed to the front of the existing building provided that the addition does not extend closer to the street than the adjacent buildings. If the adjacent buildings have varying setbacks, the proposed addition shall not be located closer to the street than the average setback distance of the two existing adjacent buildings, subject to § 375-24030 of this chapter or 10 feet behind the street right-of-way line, whichever is greater.