If, at the time of the enactment of this chapter, any building
is being used, or any building is being constructed or altered and
is completed within six months thereafter, in a manner or for a purpose
which does not conform to requirements of this chapter but which is
not prohibited by any other existing ordinance of the Borough of Hawthorne,
such use, manner or purpose may be continued, nor shall any change
of title or of right to possession affect such continuation of an
existing use; subject, however, to the provisions of this article
hereinafter set forth.
No existing building or structure devoted to a nonconforming
use shall be enlarged, extended, reconstructed or structurally altered,
except as follows:
A. Restoration. Any nonconforming building or structure which, as a
result of fire, explosion or other casualty, is partially damaged
or destroyed, and the cost of necessary alterations, repairs or reconstruction
does not exceed 60% of its market value (not including land value),
may be restored, reconstructed or used as before, provided that the
bulk, height and area requirements shall not be in excess of that
which existed prior to said damage. Such restoration must be commenced
within six months and completed within one year of such occurrence,
or the use of such building, structure or land as a legal nonconforming
use shall thereafter be terminated.
B. Extension. A nonconforming use shall not be extended, but the extension
of a lawful use to any portion of a nonconforming building which existed
prior to the enactment of this chapter shall not be deemed the extension
of such nonconforming use; and further provided, however, that where
a nonconformity as to lot size, setback, side yard, rear yard or other
standard based upon measurement renders a lot, building or use nonconforming,
any extension, addition or alteration of such building or other buildings
or structures on the same lot which does not increase or extend the
specific nonconformity shall not be deemed an extension of a nonconforming
use.
C. A nonconforming use changed to a conforming use may not thereafter
be changed back to a nonconforming use.
D. A nonconforming use shall not be permitted to be changed to another
nonconforming use.
E. Repairs. Normal maintenance repairs and incidental alteration of
a building or structure containing a nonconforming use shall be permitted,
provided that said repairs and alterations do not extend the volume
or area of space occupied by the nonconforming use.
F. Construal of provisions. Nothing in this chapter shall be interpreted
as authorization for or approval of the continuance of the use of
a structure or premises in violation of zoning regulations in effect
at the time of the effective date of this chapter.