Any existing use which is not in conformity with the provisions of this chapter at the time of enactment may be continued subject to the following limitations:
A. 
Abandonment. If any nonconforming use is abandoned for a period of more than 12 consecutive months, any subsequent use shall conform to the then current provisions of this chapter.
B. 
Enlargement of existing structure devoted to nonconforming use. Except as set forth in this provision, an existing structure devoted to a use not permitted by this chapter shall not be enlarged, extended, constructed, reconstructed, or structurally altered in any way unless same may be required for normal maintenance or to prevent damage or injury. In a single instance after the passage of this chapter, a single-family, detached residential dwelling may be enlarged through construction or reconstruction to an extent not to exceed 50% of its preexisting size, provided that said enlargement is limited to residential use. Accessory structures shall not be considered when applying this provision.
C. 
Reconstruction of existing structure devoted to a residential nonconforming use. In the event that a single-family, detached, residential dwelling within a zone in which such use is not permitted is destroyed or damaged by any means to an extent of more than 50% of its preexisting size, that dwelling may be reconstructed, provided that the replacement is limited to residential use, subject to the provisions of Subsection B above.
D. 
Reconstruction of existing structure devoted to a nonresidential nonconforming use prohibited. Except as set forth in this provision, in the event that an existing structure devoted to a nonresidential use not permitted by this chapter is destroyed or damaged by any means to an extent of more than 50% of its preexisting size, that structure shall not be reconstructed.
E. 
Existing mobile homes. In the event a mobile home is replaced when required by the appropriate Township official to protect the safety of its occupants, the replacement mobile home may be larger than the preexisting mobile home to an extent not to exceed 50% of the size of the preexisting mobile home, provided that said enlargement is limited to residential use and the lot involved accommodates supporting infrastructure, such as on-site wells, septic system and their required setbacks.
F. 
Superseding permitted use. Any nonconforming use which is superseded by a permitted use shall thereafter conform to this chapter, and the nonconforming use shall not thereafter be resumed. It is the intent of this article to discourage the continuation of nonconforming uses except where they are residential in nature, unless said residential uses are abandoned per Subsection A above.
Any existing structure which, by virtue of its size or position on the land, is not in conformity with the provisions of this chapter at the time of enactment may be continued subject to the following limitations:
A. 
Abandonment. When the use of a nonconforming structure is abandoned for 12 consecutive months or for 18 months during a three-year period, the structure shall not thereafter be used except in conformance with the then current provisions of this chapter.
B. 
Enlargement of nonresidential structure. Except as otherwise set forth in this provision, a nonresidential structure which, by reason of restrictions on area, lot coverage, height, yard dimensions, or other characteristics, could not be built under the terms of this chapter shall not be enlarge or altered in a way which increases its nonconformity.
C. 
Reconstruction of existing nonresidential structure. Except as otherwise set forth in this provision, a nonresidential structure which, by reason of restrictions on area, lot coverage, height, yard dimensions, or other characteristics, could not be built under the terms of this chapter shall not be reconstructed except in conformance with the then current provisions of this chapter if it is destroyed or damaged by any means to an extent of more than 50% of its preexisting size. Any reconstruction of a nonconforming structure in residential use is subject to the provisions of § 120-39B and C.
D. 
Superseding permitted structure. Any nonconforming structure which is superseded or changed to a permitted structure shall thereafter conform to this chapter. It is the intent of this article to discourage the continuation of nonconforming structures except where they are dedicated to preexisting residential use, unless said residential uses are abandoned per § 120-3A above.
A. 
Adjusted setback. In any zone where there is a residential structure with an existing encroachment into the required setback area for such zone, the required setback shall be adjusted so as to permit the new construction at a setback equal to the existing encroachment, provided that the setback is no less than 10 feet from any property line.
B. 
Limitations of new construction. New construction permitted by the use of the adjusted setback shall be limited to a maximum increase of 50% of the existing square footage of the subject structure's habitable floor area.
C. 
Effective date. The provisions of this § 120-41 shall apply to any lot with an encroachment existing as of March 6, 2002, the date when said section was adopted by Ordinance No. 2002-1.