As used in this chapter, the following terms shall have the
meanings indicated:
NONCONFORMING BUILDING OR STRUCTURE
Any structure which is devoted to a use which is permitted
in the zoning district in which it is located, but which is located
on a lot that does not conform to applicable lot size and/or area
and bulk requirements, where such building or structure existed lawfully
prior to the enactment of this chapter or amendment.
NONCONFORMING LOT OF RECORD
An undeveloped lot which does not comply with the applicable
provisions contained in this chapter, or any amendment hereafter enacted,
but which was lawfully in existence prior to the enactment of this
chapter.
NONCONFORMING USE
A use of part or all of a structure, or a use of land (not
involving a structure or only involving a structure which is accessory
to such use of land), which does not comply with the applicable use
regulations contained in this chapter, where such use existed lawfully
prior to the enactment of this chapter or amendment.
Subject to the provisions of this section, a use of building
or land existing at the time of the enactment of this chapter may
be continued even though such does not conform with the provisions
of these regulations for the district in which it is located. The
Zoning Officer shall keep and maintain a list of all nonconforming
uses existing at the time of the passage of this chapter and which
may come to exist in the future.
A nonconforming use may be changed to a similar nonconforming use within the same type of use category. When a nonconforming use is changed to a permitted one, it shall not be subsequently changed to a nonconforming use. A change of one nonconforming use to another nonconforming use requires review and approval by the Zoning Hearing Board, in accordance with §
550-904F(4) of this chapter.
Nothing in this chapter shall require any change in plans, construction
or designated use of a building or structure for which a building
permit has been issued and the construction of which shall have been
diligently prosecuted within six months of the date of such permit,
and the entire building completed according to approved plans within
one year of the enactment of this chapter.
A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such nonconforming use. A nonconforming
use shall be considered abandoned when one or more of the following
conditions apply:
A. The intent of the owner to discontinue the use is apparent.
B. A nonconforming use has been discontinued for a period of six months
unless other facts show intention to resume the nonconforming use.
C. It has been replaced by a conforming use.
D. It has been changed to another nonconforming use under permit from
the Zoning Hearing Board.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to a district of a different
classification, the foregoing provisions shall apply to any nonconforming
uses, structures or lots of record existing therein.