A. Proof and registration of nonconformities. 
It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B. Expansion of or construction upon nonconformities.
The following shall apply, unless the structure is approved under § 295-125D:

(1) Nonconforming structure.

(a) The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided that:

[1] Such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; and
[2] Any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter, except as may be allowed under § 295-125C(1)(c) and (b) below.

(b) As a special exception, the Zoning Hearing Board may approve a reduction of up to 50% in a side or rear setback for an existing dwelling if the applicant proves such setback is necessary to allow a customary addition of such dwelling or a replacement of an existing undersized dwelling with a new dwelling. This subsection shall not allow a reduction in setback to increase the number of dwelling units on the lot, except for a unit for care of relative.

(2) Expansion of a nonconforming nonresidential use. 
A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:

(a) An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b) Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c) The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.

[1] The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.

(d) Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.

C. Damaged or destroyed nonconformities.
A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if the application for a building permit is submitted within 18 months after the date of damage or destruction; work begins in earnest within six months afterwards and continues; and no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
D. Abandonment of a nonconformity.

(1) If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except as provided for in the provisions of this section in § 295-125D, Damaged or destroyed nonconformities.
(2) The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned. If the building space was actively under renovation or there were active efforts to market or seek financing for the property for a nonconforming use, then, during such period, abandonment shall not be presumed to have occurred.
(3) An existing lawful separate dwelling unit may be unrented for any period of time without being considered abandoned under this chapter.

(1) Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2) A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3) Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:

(a) Traffic safety and generation (especially truck traffic);
(b) Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;
(c) Amount and character of outdoor storage;
(d) Hours of operation if the use would be close to dwellings; and
(e) Compatibility with the character of the surrounding area.

(4) A nonconforming use shall not be changed to a nonconforming adult use.