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.
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. 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.
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.