The following provisions shall apply to all nonconforming uses and structures:

(a)        Any nonconforming use may be continued, but may not be extended or expanded or changed unless to a conforming use, except as may be allowed by the Zoning Hearing Board in accordance with the provisions of this Zoning Code.

(b)       Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be repaired or reconstructed on the same foundation and in the same location, if the repaired or reconstructed structure covers no greater area and contains no greater cubic content than before such casualty.

(c)        The conforming use of a building may be extended throughout the parts hereof which were obviously arranged or designed for such use at the time of adoption of this Zoning Code.  A nonconforming building or structure may be extended or enlarged, but must meet minimum yard requirements of the district in which it is located.  If the nonconforming condition is due to front, side, or rear yards, these yards may be continued at the same depths along the extension or enlargement, so long as they are not decreased and the maximum lot coverage meets the requirements of this Zoning Code.  In no case shall the new side or rear yard be less than five feet, except in existing town or row houses.  Off-street parking and loading requirements of this Zoning Code must be met.

(d)       If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

(e)        A structure that has been razed shall not be reconstructed for a use that does not conform with the provisions of this Zoning Code.

(f)        Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

(g)       Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

(h)       Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, this chapter shall also apply to any uses which thereby become nonconforming.

(i)         Any nonconforming use discontinued for a six-month period shall not be resumed and any future use must be conforming.

(j)         Any lot which is reduced in area or building setback which is reduced in distance or any building modifications necessary for proper access, ingress or egress, which is necessitated by a state or local highway project should be considered to have the same benefit as that of a legal nonconforming status as a lot and/or building that existed prior to the adoption of the Zoning Ordinance.  In addition, any property that enjoys nonconforming status to a provision of the Zoning Ordinance shall not have its continuing use extinguished if that property’s nonconforming status is affected by acquisition or condemnation for a state or local highway project, unless all or a substantial portion of the improvements on the property are within the area of the property taken or acquired.


Any lot of record existing at the effective date of this Zoning Code (Ordinance 300-85, passed March 4, 1985) and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its dimensions are less than the minimum requirements of this Zoning Code, except as set forth hereafter.  Where two or more adjacent lots of record with less than the required area and width are held by one owner on or before the date of enactment of this Zoning Code, the request for a permit shall be referred to the Zoning Hearing Board, which may require replatting to fewer lots which would comply with the minimum requirements of this Zoning Code.