The following regulations shall apply to existing lawful uses, structures, lots and signs which do not conform to the provisions of this chapter or to the provisions of any subsequent amendment hereto.
Except as hereinafter provided in this article, the lawful use of a building or structure or of any land or premises existing at the time of the effective date of this chapter or any subsequent amendment or at the time of a change in the Zoning Map, may be continued although such use does not conform to the provisions hereof or of any subsequent amendment.
A. 
Change of use. A nonconforming use may be changed to another nonconforming use by grant of special exception only upon a determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be less detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration, among other things, traffic generated, nuisance characteristics (such as emission of noise, dust and smoke), fire hazards and hours and manner of operation.
B. 
Extension or enlargement. The nonconforming use of a building shall not be extended or enlarged, and a nonconforming building housing any such use shall not be extended or structurally altered, except insofar as is required by law to assure the structural safety of the building, unless the Zoning Hearing Board shall, as a special exception, authorize the extension of a nonconforming use of a portion of a building throughout the building or the limited extension of a building which houses a nonconforming use on a lot. The Zoning Hearing Board may grant such special exception, provided that:
(1) 
It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the municipality.
(2) 
The area devoted to the nonconforming use shall in no case be increased by more than 50%.
(3) 
Any extension of a building shall conform to the area, height and setback regulations of the district in which it is situated.
C. 
Damage or destruction. No building devoted to a nonconforming use shall, in the event of destruction or serious damage by fire, flood or similar cause, be reconstructed for the purpose of carrying on the nonconforming use. "Serious damage" shall be defined as damage which reduces the value of any structure by more than half of its prior value.
D. 
Unenclosed premises. Where a nonconforming use is conducted entirely on an unenclosed premises, no structure to house or enclose such use, whether or not such structure would otherwise conform to zoning regulation, shall be permitted to be erected on the premises.
E. 
Abandonment. Whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such discontinuance shall be presumed to constitute an intention to abandon such use, and any subsequent use of the property shall be in conformity with the provisions of this chapter.
F. 
A nonconforming agricultural operation may be changed or expanded without the limitations set forth in this section if authorized as a conditional use by the Board of Supervisors. When considering if a conditional use is appropriate, the Board shall consider if the land used for the agricultural operation or use and the surrounding land has traditionally been used for agricultural uses and whether the expansion or change of the agricultural operation or agricultural use will have a direct adverse affect on the public health and safety.
[Added 6-18-2001 by Ord. No. 01-08]
The continuation, alteration or extension of a nonconforming structure shall be in compliance with the following requirements:
A. 
A nonconforming structure being used or proposed to be used for a conforming purpose may continue and may be altered or enlarged, unless the alteration or enlargement would increase the nonconformity of the structure with respect to the setback requirements, the land coverage requirements or the density requirement of this chapter or any subsequent amendment in effect at the time such alteration or enlargement is proposed to be made.
B. 
A nonconforming structure being used or proposed to be used for a conforming purpose which has been seriously damaged or destroyed by fire or other casualty may be reconstructed in its former location and to its former dimensions and used for the same purpose for which it was used before its damage or destruction, provided that such reconstruction shall be commenced within one year from the date of damage or destruction and shall be completed within one year thereafter.
A. 
A building or structure may be constructed, altered or reconstructed on a lot which is nonconforming as of the effective date of this chapter or any subsequent amendment hereto, provided that the proposed construction, alteration or reconstruction of the building or structure complies with all use regulations and all area and bulk regulations for such lot. For purposes of this article, the words "area and bulk regulations" shall mean the lot size, lot width, maximum lot coverage, front yard, side yard, rear yard and similar regulations established in each of the district regulations. If such use and area and bulk regulations cannot be met, no construction, alteration or reconstruction shall be permitted unless a variance is obtained from the Zoning Hearing Board pursuant to the provisions of § 122-127 herein.
[Amended 9-22-1997 by Ord. No. 97-16]
B. 
Reduction of lot. No lot area shall be so reduced that the area or width of the lot of the dimensions of the open spaces shall be smaller than herein prescribed.
Any nonconforming signs, signboards, billboards or advertising devices may be continued, subject to the following:
A. 
Moving. Nonconforming sign shall not be moved to another position on the building or lot on which it is located after the effective date of this chapter or amendment thereto, unless permitted by special exception.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Area. The total area of all such signs relating to a single use at the effective date of this chapter or at the effective date of any amendment of this chapter by which any sign shall be made nonconforming shall not be increased.
C. 
Replacement. No such sign shall be changed or replaced except when authorized as a special exception by the Zoning Hearing Board.
D. 
Discontinuance. Whenever any nonconforming use of building or structure or land or of a combination of buildings, structures and land ceases, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within three calendar months from the date such use terminates.
The Zoning Officer, as soon as practicable after the effective date of this chapter, shall prepare a complete list of all nonconforming uses, structures, lots and signs then in existence.