Chapter 16A adopted February 20, 2007, and as revised by
the Borough through February 27, 2017. Subsequent amendments noted
where applicable.
Except as otherwise provided in this chapter, the lawful use
of the land or a building existing at the date of the adoption of
this chapter may be continued although such use or building does not
conform to the requirements specified by this chapter for the zone
in which such land or building is located; provided, however, that:
A nonconforming use shall be presumed to be abandoned when there
occurs a cessation of such use or activity by an apparent act or failure
on the part of the tenant or owner to reinstate such use within a
period of one year from the date of cessation or discontinuance. Such
use: shall not thereafter be reinstated and the structure shall not
be reoccupied, except in conformance with this chapter.
If any nonconforming building shall be destroyed by reason of
windstorm, fire, explosion or other act of God or the public enemy
to an extent of more than 50% of the equalized assessed value as recorded
in the records of the Tax Assessor, then such destruction shall be
deemed complete destruction, and the structure may not be rebuilt,
restored or repaired, except in conformity with the regulations of
this chapter. Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any wall, floor or roof which
has been declared unsafe by the Construction Official.
No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming use.
A nonconforming building may be renovated, but not enlarged
or extended, during its life. Said renovations shall not exceed in
the aggregate 50% of the assessed value as recorded in the records
of the Tax Assessor, unless said building is changed to a building
conforming to the requirements of this chapter.
Nothing herein contained, shall require any change in the plans,
construction or designated use of a building for which a building
permit has been heretofore issued and substantial construction has
taken place prior to the date of the adoption of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification the provisions of this chapter shall also apply to
any nonconforming uses existing therein or created thereby.
Where two or more lots created by the filing of a map pursuant
to the Map Filing Law prior to the establishment of the Borough Planning
Board have any contiguous lines and are in single ownership and one
or more of the lots or structures thereon are nonconforming in any
aspect, the lots involved shall be considered an undivided parcel
for the purposes of this chapter and no portion of said parcel shall
be conveyed or divided except through the filing of an approved subdivision
in accordance with the provisions of this chapter.
