The following regulations shall apply to all existing uses, structures, lots and signs which do not conform to the provisions of this chapter or to the provisions of any subsequent amendment thereto, but were in lawful existence prior to the effective date of this chapter or any amendment thereto, which shall be known and regarded as nonconforming uses, structures, and lots, as defined below:[1]

Where lawful nonconforming uses, structures, lots or signs exist within the Borough of Malvern, recognizing that to require discontinuance could result in hardship to property owners, it is the policy of this chapter to permit the continuation of same, subject to restrictions as are herein imposed in this article on change, extension or enlargement of such nonconformities or otherwise referenced herein. It is further the policy of this chapter to encourage elimination and/or improvement of such nonconformities over time as otherwise referenced herein.

The owner of a nonconforming use, structure or building does not have an inherent right to deviate from design and area standards of this chapter. It is the duty of the owner of a nonconforming property to comply with area and performance standards of the district in which the use is located.

Change of use.

Extensions or enlargement. The nonconforming use of a building or of a lot shall not be extended or enlarged, and a nonconforming building housing any such use shall not be extended or structurally altered, except insofar as is required by law to assure the structural safety of the building, unless the Zoning Hearing Board shall, as a special exception, authorize the extension of a nonconforming use or building which houses a nonconforming use on a lot. The Zoning Hearing Board may grant such special exception, provided that:

Restoration. No building devoted to a nonconforming use shall, in the event of destruction or serious damage by fire, flood or similar cause, be reconstructed for the purpose of carrying on the nonconforming use unless the Zoning Hearing Board shall, as a special exception, authorize such reconstruction. The Zoning Hearing Board shall not grant such special exception unless the applicant shall prove that the nonconforming use to be carried on in the reconstructed building will have no substantial adverse impact on the use or development of adjacent property, nor be otherwise detrimental to the public health, safety, morals or welfare. "Serious damage" shall be defined as damage which reduces the value of any structure by more than half of its prior value. The reconstructed building or structure shall conform with all area and bulk regulations in the applicable zoning district, except as provided by § 220-2703. Reconstruction shall commence within one year from the date the building was damaged or destroyed, and shall be completed within one year of the starting date.

Unenclosed premises. Where a nonconforming use is conducted entirely on an unenclosed premises, no structure to house or enclose such use, whether or not such structure would otherwise conform to zoning regulations, shall be permitted to be erected on the premises, and no such use shall be extended or expanded unless authorized by the Zoning Hearing Board as a special exception, pursuant to Article XXVIII, and no such use shall be changed to another nonconforming use.

Abandonment. Whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued for a period of six months, such discontinuance shall be presumed to constitute an intention to abandon such use and any subsequent use of the property shall be in conformity with the provisions of this chapter.

Extension or enlargement. A nonconforming structure being used, or proposed to be used, for a conforming purpose may continue and may be altered or enlarged, unless the alteration or enlargement would increase the nonconformity of the structure with respect to the setbacks, area, heights, width, building coverage, lot coverage, building placement or distance between building regulations of this chapter, or any subsequent amendment in effect at the time such alteration or enlargement is proposed to be made. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 220-2702A. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 220-2704 of this article.

Restoration. A nonconforming structure being used, or proposed to be used, for a conforming purpose which has been seriously damaged or destroyed by fire or other casualty shall not be reconstructed, except as a conforming building, unless the Zoning Hearing Board shall, as a special exception, authorize the reconstruction of the structure to its former, nonconforming dimensions. "Serious damage" shall be defined as damage which reduces the value of any structure by more than half of its prior value. The reconstructed building or structure shall not exceed the height, area, and volume of the original building. Any such application for special exception shall commence within one year from the date of damage or destruction, and shall be completed within one year of the starting date.

No lot area shall be so reduced that the area or width of the lot or the dimensions of the open space shall be smaller than herein prescribed.

The owner of two or more contiguous lots, at the time of the effective date of this chapter, when combined, would create a lot of conforming size, shall be required to combine such lots to create conforming lots prior to the issuance of a building permit.

Alteration or erection of buildings. A building may be altered or erected on any nonconforming lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, subject to the following provisions: