A use, building or structure, lawfully in existence
at the effective date of this chapter, which shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto,
may be continued except as otherwise provided in this article.
[Amended 8-21-2008 by Ord. No. 2008-34]
No existing building or premises devoted to
a nonconforming use shall be enlarged, extended, reconstructed, substituted
or structurally altered except when changed to a conforming use or
when required to do so by law and as follows:
A.
Restoration. Any nonconforming structure partially damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. All repairs shall be completed within one year after damage occurs or such use shall not be rebuilt except as a conforming use. In the event substantial damage occurs, then the provisions of § 410-47B shall apply.
B.
Repairs. Normal maintenance repair and incidental
alteration of a structure containing a nonconforming use shall be
permitted, provided it does not exceed the area or volume of space
occupied by the nonconforming use.
C.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe or lawful condition of any part of a building
as may be required by the Zoning Officer or other authorized municipal,
county or state officials.
D.
A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability.
No structural alterations shall be made which would increase the number
of dwelling units.
E.
A building or other structure containing nonresidential nonconforming uses in a residential zone, in which application is made for site plan approval concerning rehabilitation of existing structures, additions to existing structures, and construction of new buildings, shall comply with the specifications set forth within § 410-52 or § 410-53 of the Borough Code. Determination of whether to apply § 410-52 or § 410-53 shall be given by the Borough Construction Official.
A.
Abandonment. A nonconforming use abandoned for a period
of 90 consecutive days or the change from a nonconforming use to a
more restrictive or conforming use for that period of time shall be
considered an abandonment thereof, and such nonconforming use shall
not thereafter be revived.
B.
Destruction. When a nonconforming building, structure
or use is substantially destroyed or damaged by fire or other casualty
or an act of God, the nonconforming building, structure or use shall
thereafter be terminated.
Any nonconforming structure or use lawfully
under construction on the effective date of this chapter pursuant
to plans filed with the Zoning Officer and approved by him and all
other municipal boards and agencies as required under law may be completed
and may be used for the nonconforming use for which it was designed,
to the same extent as if such building had been completed and was
in use on the effective date of this chapter, provided that such building
or structure shall be completed within one year after the effective
date thereof.
