a) NONCONFORMING STRUCTURES
1) CONTINUATION - Any nonconforming structure may remain although such structure does not conform to the dimensional requirement of this Zoning Ordinance.
2) RESTORATION - A nonconforming structure which has been damaged or destroyed by fire or other causes to an extent of less than seventy-five percent (75%) of its market value, or a nonconforming structure which has been legally condemned may be reconstructed provided that:
A. The reconstructed structure shall not exceed in height, area and volume the structure destroyed or condemned unless a special exception is granted by the Zoning Hearing Board; and
B. The structure reconstruction shall be commenced within one (1) year from the date the structure was destroyed or condemned and shall be carried on without interruption, or else the nonconforming structure status shall be void. No structure damaged or destroyed by fire or other causes to the extent of more than seventy-five percent (75%) of its market value shall be repaired, reconstructed or used except in conformity with the regulations of this Zoning Ordinance.
3) EXTENSION OR ALTERATION -A nonconforming structure may be extended or altered provided the extension or alteration conforms with all dimensional requirements of this Ordinance and all other applicable regulations of this Ordinance.
4) RESTORATION OF ACCESSORY BUILDINGS - Nonconforming accessory buildings may be reconstructed so long as such reconstructed buildings do not exceed the height, area and volume of the destroyed or condemned structure.
b) NONCONFORMING LOTS
1) CONTINUATION - Any nonconforming lot may be continued although such lot does not conform to the lot requirements for the Zoning District in which it is located.
2) CONSTRUCTION - The provisions of this Ordinance shall not prevent the construction of a structure, provided the yard, height and other applicable dimensional requirements are met, or the establishment of a use on any nonconforming lot. However, this provision shall not apply to any two (2) or more contiguous lots in single ownership as of, or subsequent to, the effective date of this Section where reparceling or replatting could create one (1) or more conforming lots.
3) VARIANCE - The Zoning Hearing Board may, by variance, reduce or waive the yard requirements on nonconforming lots where literal enforcement of such yard requirements would create an excessively small or narrow building area. The Board shall, in its deliberation on an appeal for such a variance, take into account typical existing lot sizes and existing yards in the general area where such nonconforming lot is located, giving particular consideration to existing uses and setbacks on adjacent properties.
c) NONCONFORMING USES
1) CONTINUATION - Any nonconforming use may be continued indefinitely although such use does not conform to the provisions of this Zoning Ordinance. Unless specifically provided by the Board for a particular use, no change of title or possession or any other change in status of a property on which a nonconforming use exists shall prevent the continuance of such nonconforming use.
2) EXTENSION - A nonconforming use may be extended, provided:
A. Any extension shall conform with the area, building height, parking, sign and other requirements of the district in which such an extension is located;
B. Nonconforming uses shall not displace conforming uses under any circumstances;
C. Expansion, alteration or replacement of the nonconformity shall be confined to the lot on which it is located on the effective date of this Ordinance or any amendment thereto creating the nonconformity.
D. The total of all such expansions, alterations or replacement of use shall not exceed an additional thirty-five percent (35%) of the area of these buildings, structures or improvements devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities.
3) CHANGE OF USE - Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only by special exception.
4) ABANDONMENT
A. ONE-YEAR PERIOD - A nonconforming use shall be presumed abandoned when operations associated with the nonconforming use have ceased by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within one (1) year from the date the activity stopped. Such non-conforming use shall not thereafter be reinstated except in conformance with this Ordinance.
B. REVERSION - Once a non-conforming use has been converted to a conforming use; the previous non-conforming use may not be re-established.
C. BURDEN OF PROOF - The burden of proof of abandonment of a nonconforming use is on the party asserting the abandonment.
D. VACANT STRUCTURE - All vacant structures that have been vacant for a period of one (1) year or more may resume the nonconforming use that was in existence at the time the vacancy occurred, which may or may not have met the dimensional and parking requirements provided, if the Zoning Officer determines that use was not abandoned. The following information shall be reviewed:
1. Documentation which verifies the existence of the legal nonconforming use at the time the vacancy occurred and that the use was not intentionally abandoned;
2. No structural alterations, legal or illegal, were made showing inconsistency with the verified legal nonconforming use; and
3. The nonconforming use was not changed to a conforming use.