A use, building or structure lawfully in existence as of December 27, 1960, 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
VII.
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 or ordered and as follows:
A. Restoration, alteration and enlargement. Any building or structure
which existed at the effective date of this Zoning Chapter and was
nonconforming on such date by reason of its design, its placement
on a nonconforming lot or its location on a nonconforming lot and
constituted an otherwise conforming use may be continued. In addition
to such right of continuance, and the rights accorded when such building
is the principal building on its lot, such principal building may
be structurally altered or enlarged, provided that such structural
alteration or enlargement does not create any new or further encroachment
into any front yard, rear yard or side yard setback as required in
this chapter, exclusive of the existing principal building, and does
not create a new violation of the terms and provisions of this chapter,
and provided further that the provisions of this section shall not
be construed to waive the requirements of any other Code section of
the Borough Code or Zoning Chapter.
B. Displacement. A nonconforming use shall not be extended to displace
a conforming use.
C. Change of use.
(1) A nonconforming use or structure shall not be changed into a use
which is permitted in a less restrictive district.
(2) A nonconforming use may be changed into a conforming use.
(3) A nonconforming use which is not permitted in any district or which
is permitted only as a special use may only be changed into a conforming
use.
(4) When a nonconforming use shall be changed in accordance with the
provisions hereof, the use of the building and other structure or
tract of land shall not thereafter be changed again except in accordance
with these regulations.
D. Repairs and alterations.
(1) Normal maintenance repairs and incidental alteration of a building
or other structure containing a nonconforming use is permitted, provided
that it does not extend the area or volume of space occupied by nonconforming
use. If the nonconforming use is a sign, it may be temporarily removed
if necessary for maintenance and replaced, but it may not be altered
or modified in any way except for repairs.
(2) A building or other structure containing residential nonconforming
uses may be altered in any way to improve interior livability, provided
that no structural alterations shall be made which would increase
the number of dwelling units or the bulk of the building.
(3) A building or other structure containing a nonconforming use must
be maintained in good condition and must not be allowed to become
dilapidated.
E. Prior approval. Nothing herein contained shall require any change
in the plans, construction or designated use of a building complying
with existing laws, a permit for which had been duly granted and the
construction of which shall have been started before December 27,
1960, and the ground story framework of which, including the second
tier of beams, shall have been completed within six months of the
date of the permit, and which entire building shall have been completed,
according to such plans as have been filed, within one year of December
27, 1960.