Within the zoning districts established by this Chapter or subsequent amendments thereto, there exist or will exist certain nonconformities which, if lawful before the ordinance codified in this Chapter was passed or amended, may be continued, subject to certain limitations, although such nonconformities would be prohibited, regulated, or restricted under the terms of this Chapter or subsequent amendments thereto.

To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this Chapter and on which actual building construction has, in the opinion of the Zoning Officer, been diligently carried on. However, instances involving nonconforming uses, setbacks, and lot and building coverage within the Village District Overlay shall be regulated by the provisions in §27-306.

In any zoning district permitted structures and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this Chapter, notwithstanding limitations imposed by other provisions of this Chapter, even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard, height, coverage, and open space requirements for the zoning district in which such lot is located shall be met. Variance of yard, height, coverage, and open space requirements shall be obtained only through action of the Zoning Hearing Board.

If two or more lots, combination of lots or portion of lots which are adjoining and in single ownership are of record at the time of passage or amendment of the ordinance codified in this Chapter and if all or part of the lots do not meet the requirements established for lot width or area, the land involved shall be considered to be an undivided parcel for the purpose of this Chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width or area requirements established by this Chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Chapter. Provided, however, that when a subdivider has had an application for approval of a preliminary or final subdivision plan approved prior to the effective date of the ordinance codified in this Chapter, no provision in this Chapter shall be applied to affect adversely the right of the subdivider to commence and complete any aspect of the approved preliminary or final plan in accordance with the terms of such approval within the time limits established in the Pennsylvania Municipalities Planning Code, as amended.

Lawful uses of land involving no principal structure, which at the effective date of the ordinance codified in this Chapter, or as a result of subsequent amendments thereto, become nonconforming, may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the following provisions.

No nonconforming use of land shall be enlarged or increased nor extended to occupy a greater area of land than was owned, leased or under option to purchase by the user of the nonconforming use at the effective date of adoption or amendment of the ordinance codified in this Chapter.

Total future expansion of a nonconforming use of land shall not exceed 25% of the area occupied by the use at the time it first became a nonconforming use.

The proposed expansion shall not cause an increased detrimental effect on surrounding properties.

The Zoning Hearing Board shall approve expansion of a nonconforming use of land as a special exception.

Whenever a nonconforming use of land has been discontinued for a period of 12 consecutive months, such use shall be deemed abandoned and shall not thereafter be reestablished. Vacation of land or buildings or the nonoperative status of the use normally carried on upon the property shall be evidence of discontinuance. Any future use shall be in conformity with the provisions of this Chapter.

A nonconforming use of land, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use; provided, that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use and is not more detrimental to the surrounding neighborhood. The Zoning Hearing Board may specify appropriate conditions and safeguards when granting a special exception.

Additional structures or building expansions that are accessory to the nonconforming use of land must conform to the area, yard and height requirements of this Chapter. No new nonconformity shall be created.

Structures which at the effective date of the ordinance codified in this Chapter or subsequent amendments thereto become nonconforming by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure, may be continued to be used so long as such structure remains otherwise lawful, subject to the following provisions.

A nonconforming structure which is demolished or removed by the owner must be rebuilt or reconstructed to conform with the provisions of this Chapter.

A nonconforming structure that is moved for any distance shall thereafter conform to the zoning regulations for the District in which it is located after it is moved.

See §27-500.9.G.

Lawful uses of structures, or land and structures in combination, that are nonconforming or that become nonconforming at the effective date of the ordinance codified in this Chapter, or as a result of subsequent amendments thereto, may be continued subject to the following provisions.

A nonconforming use may extend throughout any part of an existing structure, or a new extension may be constructed on the same lot; provided, that any structural alterations, extensions or additions shall comply with all provisions of this Chapter with respect to area, yard and height requirements for the zoning district in which the structure is located. However, such an extension shall not exceed 25% of the gross floor area of principal buildings occupied by said nonconforming use at the time such nonconforming use became nonconforming.

A nonconforming use shall not extend into a portion of a building containing a conforming use on the effective date of the ordinance codified in this Chapter or amendment thereto.

For residential nonconforming uses, no structural or other alterations shall be made which would increase the number of dwelling units.

A nonconforming use of a structure, or land and structure in combination, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use of a structure, or land and structure in combination, may, by special exception, be changed to another nonconforming use; provided, that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use and is not more detrimental to the surrounding neighborhood. The Zoning Hearing Board may specify appropriate conditions and safeguards when granting a special exception.

Whenever a nonconforming use of a structure or portion thereof has been discontinued or abandoned for 30 months such structure or portion thereof shall not thereafter be used for a nonconforming use.

Any use which is permitted as a special exception or conditional use in a zoning district under the terms of this Chapter (other than a change by special exception from one nonconforming use to another nonconforming use) shall not be deemed a nonconforming use in such zoning district, but shall without further action be considered a permitted use.