Except as otherwise provided in this section, any use, aspect of a use, building, or structure lawfully existing at the time of enactment of this chapter may be continued, although it is not in conformity with the regulations specified by this chapter.
If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of one year, or more, subsequent use of such building, structure, or land shall be in conformity with the provisions of this chapter.
Any lawful nonconforming use of land, exclusive of buildings and structures and the use contained therein, may be extended upon the lot on which it exists at the time of the effective date of this chapter, but such extension shall conform to area and lot regulations and the design standards of this chapter and to the percentage limitation as set forth in § 490-134 of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter.
A. 
Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria, and those contained in Article VI:
(1) 
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter, or any amendment thereto creating the nonconformity;
(2) 
The total of all such expansions or alterations of use shall not exceed an additional 35% of the area of those buildings or structures or land devoted to the nonconforming use as they existed on the date on which the use of such buildings, structures or land first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created;
(3) 
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this chapter;
(4) 
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located;
(5) 
Appearance shall be harmonious with surrounding properties, this feature includes but is not limited to landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces;
(6) 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces;
(7) 
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.[1]
[1]
Editor's Note: Former Subsections A(8) and (9), regarding nonconforming structures in the Floodplain Overlay District, were repealed 12-17-2020 by Ord. No. 2020-07.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause may be reconstructed in the same location, provided that:
A. 
The reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure and such reconstructed building or structure shall not increase any dimensional nonconformities; and
B. 
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
It is the express intent and purpose of this chapter that if a building, structure, sign or land was expanded or extended to the limits of expansion for a nonconforming building, structure, sign, or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure, sign, or land shall be authorized. In the event a nonconforming building, structure, sign, or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion, if permitted by this chapter, shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance.
In any zone in which single-family detached dwellings are permitted, a single-family detached dwelling may be erected on any single lot, as defined in this chapter, existing in single and separate ownership on the effective date of this chapter, notwithstanding limitations imposed by other provisions of this chapter, but subject to the provisions of Section 508(4) of the MPC.[1] This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements of the zone in which the lot is located. All setback and lot coverage requirements shall be met.
[1]
Editor's Note: See 53 P.S. § 10508(4).
An existing structure which contains a permitted use and is nonconforming as to building setbacks or lot area may be expanded, provided that:
A. 
The expanded portion of the structure will not extend nearer any street right-of-way line or other property line than the part of the existing structure which is closest to the street right-of-way line or other property line.
B. 
All other yard requirements of the zone are met.
C. 
No expansion shall be permitted which may cause danger to vehicle or pedestrian traffic on a street by obscuring the view.
D. 
No expansion shall be permitted within five feet of any street right-of-way line or property line.