[Amended 2-14-1983 by Ord. No. 993]
Any lawful nonconforming use which existed at
the time of the passage of this chapter may be continued and any existing
building or structure designed, arranged, intended or devoted to a
nonconforming use may be reconstructed or structurally altered, subject
to the following regulations:
A. Such building or structure shall in no case be enlarged
or expanded unless the use therein is changed to a conforming use.
An exception, however, shall be permitted whenever a one-family dwelling
required a grant of variance from the provisions of the then-existing
Zoning Ordinance to permit its construction, expansion or enlargement.
In such instances, the building may thereafter be enlarged without
need of further application to the Zoning Board of Adjustment for
any additional variances to the extent only of adding thereto a second-story
dormer or dormers to permit the use of said second story to the full
limits of the exterior walls of the first floor, if said exterior
walls were extended upward to the height of the second story. Nothing
herein contained, however, shall prohibit the enlargement of a building
which meets the use requirements of this chapter and is nonconforming
because of yard, height or lot area regulations, provided that said
enlargement results in conformity with all yard, area and height requirements
at the conclusion thereof.
B. A nonconforming use once changed to a conforming use
may not thereafter revert to a nonconforming use.
C. In the event that there is a cessation of the exercise
of any nonconforming use for a period of 12 consecutive calendar months,
the same shall be presumed to be an abandonment of such nonconforming
use.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which a
building permit has been issued within six months of the date hereof
and construction diligently prosecuted within the same six-month period.
[Amended 6-26-1989 by Ord. No. 1144]
A. Nothing in this chapter shall prevent the restoration
of a nonconforming building or structure partially and not substantially
destroyed by fire, explosion, act of God or act of public enemy, provided
that any building or structure partially destroyed in the manner aforesaid
may be reconstructed and thereafter used only in such manner as to
not further violate the reason(s) for nonconformity. It shall be the
duty of the Building Inspector to make a determination as to whether
such building has been substantially destroyed. The Building Inspector
may seek the expert advice of the Borough Assessor in arriving at
a determination as to whether the building was totally or substantially
destroyed.
B. Any building totally or substantially destroyed in
the manner aforesaid may only be rebuilt as a conforming use, specifically
excepting therefrom, however, are houses of worship, which may be
rebuilt and thereafter used only in such manner as to not further
violate the reason(s) for nonconformity.
C. The owner of any nonconforming use that is partially
destroyed as above-mentioned shall apply for a building permit to
rebuild the nonconforming use within 12 months from the time of destruction.
If the application to rebuild the nonconforming use is filed after
the above-mentioned twelve-month period, a building permit shall only
be issued for a conforming use and the applicant presumed to have
abandoned the nonconforming use.