A lawful use of land, buildings or structures
existing at the effective date of this chapter may be continued on
the lot or in the structure although it may not conform to this chapter,
and any such structure may be restored or repaired in the event of
partial destruction thereof; provided, however, that none shall be
enlarged, extended, relocated, converted to another use or altered
except in conformity with this chapter, except as permitted below.
Land on which a nonconforming use or structure is located and any
nonconforming lot shall not be subdivided so as to be made more nonconforming.
A. Abandonment. A nonconforming use shall be considered
abandoned if it is terminated by the owner; if a nonconforming use
involving a structure is discontinued for 12 consecutive months; or
if a nonconforming use of land without structure(s) ceases for a period
of six months. The subsequent use of the abandoned building, structure
and/or land shall be in conformity with this chapter.
B. Maintenance may be made to a nonconforming use, structure
or lot, provided that the maintenance work does not change the use,
expand the building or the functional use of the building, increase
the area of a lot used for nonconforming purpose or increase the nonconformity
in any manner.
C. Restoration and repairs.
(1) Any nonconforming building, structure or use which
has been condemned or damaged by fire, explosion, flood, windstorm
or act of God shall be examined by the following three people: the
Borough Engineer, the owner or an architect or engineer selected by
the owner and a third person agreed to by the Borough Engineer and
the owner. If the value of repairing the condition is greater than
50% of the value of replacing the entire structure, it shall be considered
completely destroyed and may be rebuilt to the original specifications
only upon approval of a use variance as provided by state statutes.
(2) Where the value of repairing the condition is determined
to be less than 50% of the value of replacing the entire structure,
the nonconforming structure or use may be rebuilt and used for the
same purpose as before, provided that it does not exceed the height,
area and bulk of the original structure. The reconstruction shall
commence within 12 consecutive months of the date the building was
damaged or condemned with the reconstruction carried out without interruption;
otherwise the damaged structure shall not be rebuilt as a nonconforming
use or building.