The following regulations shall apply to existing uses, structures, buildings, lots and signs which do not conform to the provisions of this chapter or to the provisions of any subsequent amendment thereto.
Except as provided in this article, any use existing at the time of the effective date of this chapter or any subsequent amendment thereto, which does not conform with the provisions of this chapter or any subsequent amendment, shall comply with the below requirements. It shall be the burden of the landowner claiming a nonconforming use, building or structure to establish that the use, building or structure was in existence at such a time so as to render it a nonconformity and that the provisions of this article are satisfied.
A. 
Continuation. Any nonconforming use of a building or structure or of land existing at the effective date of this chapter may be continued, except as otherwise provided herein.
B. 
Change of use. A nonconforming use may be changed to another nonconforming use of the same character or of a more restricted zoning classification by grant of special exception, only upon determination by the Zoning Hearing Board that the proposed new use will not be more detrimental to the neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration, among other things, traffic generation, nuisance characteristics (such as emission of noise, glare, dust, smoke, and odors), fire hazards, and hours and manner of operation. Whenever a nonconforming use has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
C. 
Extension or enlargement of use. The nonconforming use of a building or of a lot shall not be extended or enlarged, and a building housing any such nonconforming use shall not be enlarged unless the Zoning Hearing Board shall, as a special exception, authorize such extension or enlargement. The Zoning Hearing Board may grant such special exception, provided that:
(1) 
It is clear that such extension or enlargement is not materially detrimental to the character of the neighborhood or surrounding area or to the interests of the Township.
(2) 
The total area devoted to the nonconforming use shall in no case be increased by more than 50% of the floor area of the building or structure housing such use, or of the area of the lot on which an outdoor use is located, or of the manufacturing or processing capacity of such use. The increase by 50% shall occur only once per nonconforming use. The Zoning Hearing Board shall consider previous increases to determine whether the total cumulative increase is more than 50%.
(3) 
Any enlargement shall conform to the area and bulk regulations and design standards of the district in which it is located.
(4) 
The extension or enlargement of a nonconforming use shall be limited to the lot or buildings which were in existence at the effective date of this chapter.
D. 
Alterations. A building housing any nonconforming use shall not be structurally altered, except insofar as is required by law to assure the structural safety of the building.
E. 
Damage or destruction. In reconstructing a building or structure devoted to a nonconforming use, the landowner must obtain a permit. No building or structure 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 continuing the nonconforming use if the damage reduces the value of the building or structure by more than 75% of its prior market value. A building or structure devoted to a nonconforming use that is destroyed or is damaged in a manner that renders it incapable of continuing the nonconforming use without additional construction or repairs, in a manner other than by fire, flood or other Act of God, or by condemnation, shall not be reconstructed as a nonconforming use.
F. 
Abandonment. Whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued or left vacant for a period of one year, 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, unless the owner shall, by a preponderance of the evidence, overcome the presumption of abandonment. Whenever a nonconforming use of land, premises, building or structure, or any part thereof, has been abandoned for any period of time, the nonconforming use may not be resumed.
G. 
Subdivision and land development. Whenever a tract of land on which a nonconforming use is located is proposed for subdivision or land development per Chapter 315, Subdivision and Land Development, of the Township's Code, the nonconforming use shall be required to comply with the area and bulk requirements of this chapter.
Except as provided in this article, any lawful building or structure existing at the time of the effective date of this chapter or any subsequent amendment thereto, which does not conform with the provisions of this chapter or any subsequent amendment, shall comply with the following:
A. 
Continuation/enlargement. Any nonconforming building or structure may be continued, altered or enlarged, provided such alteration or enlargement shall not increase the nonconformity of the building or structure with respect to the setback and coverage (area and bulk) requirements of this chapter or any subsequent amendment in effect at the time such alteration or enlargement is proposed. Any enlargement of a nonconforming building or structure which increases the nonconformity of the building or structure with respect to the setback and coverage requirements of this chapter or any subsequent amendment in effect at the time such enlargement is proposed shall require a special exception when the total floor area will be increased by more than 50% of the floor area of the nonconforming building or structure. The increase by more than 50% shall occur only once per nonconforming building or structure. In considering a special exception when the total floor area will be increased by more than 50%, the Zoning Hearing Board may include previous increases in the total floor area even though such increases were less than 50% and did not require a special exception.
B. 
Restoration. Any lawful nonconforming building or structure which has been damaged by fire, flood or other causes may be reconstructed within the limits of the existing foundation and to its former dimensions, provided that such restoration shall begin within one year from the date of damage or destruction and shall be completed within one year thereafter. Evidence of hardship beyond the control of the applicant is necessary to request an extension of time from the Board of Supervisors.
A. 
Use of nonconforming lots where yard requirements can be met. Any nonconforming lot may be used as a matter of right for any conforming use, including the construction of buildings or structures, which conforms with all applicable yard requirements for the district in which the lot is located.
B. 
Use of nonconforming lots where yard requirements cannot be met.
(1) 
Buildings or other structures may be erected or enlarged on any nonconforming lot, provided that, where the nonconformity or other unusual dimensions of the lot prevent compliance with any applicable setback or yard requirements, the construction or enlargement of such buildings or other structures shall first be authorized by the Zoning Hearing Board as a special exception, where:
(a) 
The applicant does not own or control other adjoining property sufficient to enable him to comply with the provisions of this chapter; and
(b) 
The lot is of sufficient size to accommodate adequate and safe sewage disposal and water supply systems.
(2) 
In the case of a lot located within the RC, R-3 or R-2 Residential District, the minimum setback requirements shall be determined by the provisions contained in the Tier IV design option of the applicable district. The required merger of adjoining property under the ownership and control of the applicant may be waived if it can be demonstrated to the satisfaction of the Zoning Hearing Board that the lots in question have not been used or intended as a single or combined lot.
Any existing nonconforming signs may be continued, subject to the following:
A. 
Moving. No nonconforming sign shall be moved to another position on the building or lot on which it is located, unless permitted by special exception.
B. 
Area. The total area of any nonconforming sign shall not be increased.
C. 
Replacement. No such sign shall be replaced, including a change in the sign message or business being advertised, except when authorized as a special exception by the Zoning Hearing Board.
D. 
Improvements. Such signs may be repainted, repaired or modernized, provided such improvements do not increase the dimensions of the existing nonconforming sign or change the sign message or business being advertised.
E. 
Discontinuance. Whenever any nonconforming use of a building or structure or land, or of a combination of buildings, structures and land, ceases, all signs accessory to such use shall be removed within six months from the date such use terminates.
F. 
Expansion. On parcels or tracts in which nonconforming signs are located, no new or additional signs, even if they conform to the provisions of this chapter, shall be erected unless all nonconforming signs on the parcel are removed.
In considering a special exception for a nonconforming use, building or structure, or lot, the Zoning Hearing Board shall consider the criteria established in § 390-228 of this chapter and the following additional criteria, which shall be the burden of the landowner claiming such nonconformity(ies) to establish:
A. 
Nonconforming use. The design standards imposed for uses within the applicable district shall be appropriately applied to the nonconforming use of a lot, building or structure.
B. 
Nonconforming buildings and structures. The alteration or expansion of such buildings or structures conforms to the area and bulk requirements of the district in which it is located and shall not impose any hazard to adjoining properties.
C. 
Nonconforming lots. The proposed use and buildings conform to the permitted use and bulk requirements of the district in which such lot is located.