Beginning on the effective date of this chapter, the Borough Council is authorized to identify and register all nonconforming uses and nonconforming structures together with the reasons why the Zoning Officer identified them as nonconformities. Upon the Zoning Officer's identification of the existence of a nonconforming use or nonconforming structure, he shall so notify the landowner, in writing, who in turn shall, within the time limit provided in §
165-181, apply for a certificate of occupancy with respect to such nonconforming use or nonconforming structure.
A nonconforming use of a building, structure
or land or use of a nonconforming building, structure or lot existing
and lawful at the time of enactment of this chapter or at the time
of any amendment hereto may continue except as hereinafter provided.
A nonconforming structure or building containing
a nonconforming use wholly or partially destroyed by fire, explosion,
flood or other natural phenomenon or legally condemned may be reconstructed,
restored and used for the same nonconforming use or, in the case of
a nonconforming building or structure, it may continue as a nonconforming
building or structure, provided that reconstruction and restoration
of the building or structure shall be commenced within one year of
the date of destruction or condemnation of the building or structure
and shall be carried on to completion within two years of the start
of reconstruction.
If a nonconforming use of a building, structure
or land is abandoned for a continuous period of one year, thereafter,
use of such building, structure or land shall be in conformance with
the provisions of this chapter. With regard to both mixed use and
singular use of buildings, structures or land, abandonment shall commence
upon cessation of the nonconforming use.
A nonconforming use may be changed only to a
conforming use as provided in the applicable zoning district regulations,
and, once changed to a conforming use, no structure, building or land
shall be permitted to revert to a nonconforming use. For purposes
of this section, a change is not effected by either normal repairs
and maintenance for upkeep purposes or the provision of modern instrumentalities
necessary and helpful to reasonable continuation of the nonconforming
use, which instrumentalities, either by nature or extent, do not act
to change the nonconforming use to a different nonconforming use.