"Nonconforming use" means a use, whether of land or a building or structure, which does not comply with the applicable use provisions of this chapter, or of any amendment to such chapter hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.
A.
Continuation. Any lawful nonconforming use of land, buildings, or structures, or parts thereof, may continue as it existed prior to the effective date of this chapter or the amendment thereto by which such use became a nonconforming use; provided, however, that any such use shall otherwise be and remain in compliance with any other applicable laws and regulations.
B.
Discontinuance. Whenever a nonconforming use, in or on the land, or within a building or structure or portion thereof, has been discontinued for a continuous period of more than one year, such discontinuance shall be deemed to be an abandonment of such nonconforming use, and any subsequent use thereof shall conform to the applicable provisions of this chapter or its amendments, and the prior nonconforming use shall not thereafter be resumed.
C.
Expansion or extension of nonconforming use by variance.
(1)
No nonconforming use may be extended or expanded in any building or structure, or in or on the lot on which it is located, nor may any nonconforming use be moved to a different position upon the lot on which it is located, so as to alter the use or its location which existed at the time that the use became nonconforming. Any person desiring to make any such change or alteration of a nonconforming use shall apply for a variance from the provisions of this chapter in accordance with applicable laws and ordinances, and any such change or alteration in use shall be made only after authorization by the Zoning Hearing Board and in accordance with such reasonable conditions and safeguards as may be imposed by the Zoning Hearing Board, provided that no variance may be applied for or obtained under this section which would displace any residential use if the building, structure or lot is located in a residential district.
(2)
A variance may not be granted under this section that would extend a nonconforming use beyond the area of a lot which was in existence at the time such use became nonconforming.
D.
Any religious and public education use, legally in existence as of the amendment of June 26, 2002, to this chapter shall be regulated by the following provisions:
(1)
A building may be used, erected, expanded, or altered for any of the following uses and no other:
(a)
Churches, chapels or other places of worship and their adjunct residential dwellings.
(b)
Weekly religious education, daily preschool and day-care purposes.
(c)
Cemeteries.
(d)
Religious institutions for the care of the aged or children.
(e)
Noncommercial recreational facilities.
(f)
Public schools, primary and secondary.
(2)
Development standards.
(a)
Minimum lot area: one acre.
(b)
Minimum front yard setback: 50 feet.
(c)
Minimum side yard setback: 40 feet.
(d)
Minimum rear yard setback: 40 feet.
(e)
Maximum building coverage: 25%.
(f)
Maximum impervious coverage: 35%.
(g)
Maximum building height: 40 feet (excluding church steeples).
(h)
Maximum number of stories: three.