(A) (1) The lawful use of a building existing at the time of the effective date of this chapter may be continued, although such use does not conform to the provisions hereof. 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 character, as a special exception approved by the Zoning Hearing Board.
(2) Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted one.
(3) Whenever the use of a building becomes nonconforming through a change in the zoning chapter or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another nonconforming use of the same or of a more restricted character.
(B) In determining whether a use is of a more or less restrictive character than a pre-existing nonconforming use, the Zoning Hearing Board shall take into account, the difference between the historical use and the proposed use for each of the following factors:
(1) Hours of operation;
(2) Amount of outdoor lighting;
(3) Amount of lot coverage;
(4) Amount of landscaping, or natural buffer;
(5) Noise generated in the nonconforming use audible at neighboring property lines;
(6) Noxious fumes, dust or particulate emissions from the property;
(7) Stormwater runoff from the property;
(8) Degree of impediment to air and light to neighboring properties;
(9) Traffic impacts and trips to and from property;
(10) Number of persons to be occupying or using the structure; and
(11) Risks or danger to the public health and safety.
(Ord. 678, passed 10-20-2010)