A. Any structure in use for purposes not in conformity with the provisions of this Ordinance at the date of adoption or any subsequent amendment may continue to be so used for that particular purpose. (Amended 6/10/91)

B. If a lawful nonconforming use ceases to operate for any reason for a period of twelve (12) months or more, such use shall thereafter be subjected to the limitation against the use within the terms of this Ordinance. (Amended 6/10/91)

C. A lawful nonconforming use may be changed to another nonconforming use by grant of a special exception only upon determination by the Zoning Hearing Board in accordance with the provisions of Article XI and a determination that the proposed new use will be no more detrimental that the use it is intended to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration among other things: increased vehicular and pedestrian activity; the hours of such activity; visual, noise and odor impact, and like considerations. The burden shall be on the applicant to demonstrate such lack of increased detriment. (Amended 6/10/91)Special Exception

A. Structures that are not in compliance with the yard and distance requirements within this Ordinance at the date of adoption or any subsequent amendments shall not be required to be altered or removed to so comply.

B. A nonconforming structure or a structure housing a nonconforming use may be altered or enlarged only if such alteration or enlargement is authorized by the Zoning Hearing Board as a special exception pursuant to the provisions of Article XI upon the determination that such alteration or enlargement does not increase the nonconformity of the structure with respect to the height, minimum setback, maximum lot coverage, or density as set forth for the applicable Zoning District in the Ordinance. (Amended 6/10/91)

C. A lawful nonconforming building or structure which has been destroyed or severely damaged by fire or some other calamity maybe restored on the same lot, provided: (Amended 6/10/91)

1. The restored building or structure is reconstructed in the same location as the originally building or structure and does not exceed the height area, or setbacks of the damaged or destroyed building or structure, and (Amended 6/10/91)

2. that it does not present a hazard to the surrounding area due to its nonconformity, and (Amended 6/10/9 1)

3. restoration shall begin within one (1) year from the date of damage or destruction and shall be completed within the terms of the building permit. (Amended 6/10/91)

D. The habitable state and/or degree of damage of structures shall be determined by the Zoning Officer and/or the Building Code Enforcement Officer. (Amended 6/10/91)

A. No lot area shall be reduced nor shall any property be sold or divided so as to make the yards about the buildings thereon smaller than the distance required by this Ordinance.

B. Land which is a lawful nonconforming lot at the effective date of this Ordinance cannot be further divided to make two or more nonconforming lots. (Amended 6/10/91)

C. No structure erected upon nonconforming lots shall exceed the height, area, or minimum setback requirements of this Zoning Ordinance. If an applicant owns adjacent property sufficient to enable him to comply with the provisions of this Ordinance, such property or portions thereof sufficient to make the lawful nonconforming lot conform to the Zoning Ordinance shall be combined prior to the erection or alteration of a building or structure. (Amended 6/10/91)

In order to facilitate the administration of this Ordinance, the Board may cause to be maintained an accurate listing of those nonconforming uses, structures, and lots which are not permitted by right, conditional use, or special exception. Such a listing shall be a matter of public record and shall constitute notice to any individual acquiring any right to use or own such property. (Amended 6/10/91)