A. 
Continuation. Any lawful building or other structure and any lawful use of a building or other structure or land, existing on the effective date of this chapter, which does not conform with the provisions of this chapter, shall be considered a lawful nonconforming building, structure or use and may be continued, except as otherwise herein provided.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Extension, was repealed 1-14-2004 by Ord. No. 04-03, approved 1-14-2004.
C. 
Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification, which shall thereafter not be subject to any further change except to a conforming use, and for such purpose a building may be extended in accordance with Subsection B of this section hereinabove. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
D. 
Any lawful nonconforming building or other structure may be demolished and another structure erected in its place by conditional use under the following circumstances:
[Amended 2-10-2004 by Ord. No. 04-06, approved 2-10-2004]
(1) 
The building must be reconstructed in the same location utilizing the identical footprint of the prior legal nonconforming structure or building.
(2) 
The reconstructed building or structure shall not exceed the height, area, volume or square footage of the previous lawful nonconforming building or structure.
(3) 
If the structure to be demolished is attached to another building, then the exposed wall of the other building must be watertight and structurally sound as proven by the opinion of a structural engineer at the conditional use hearing. The applicant will also be required to post an escrow in an amount determined by the Borough Engineer to guarantee that the exposed wall will be watertight and structurally sound and also to guarantee that the exposed wall will be furnished and match the exterior of the rest of the building attached to the exposed wall, if the exposed wall is not finished within three months of demolition.
(4) 
At the conditional use hearing, the applicant must prove that the demolition of the proposed building or structure and the rebuilding of the building or structure is consistent with the public interest and would not be injurious to the public safety, health and welfare of the community.
(5) 
The structure or building to be erected must comply in all respects with the current building code[2] and other laws and ordinances of the Borough of West Conshohocken.
[2]
Editor's Note: See Ch. 37, Art. I, Building Code.
(6) 
The conditional use will only be applicable for nonconforming buildings or structures and it will not be applicable for any nonconforming uses.
E. 
Cost determination. In determining the restoration cost of any structure devoted to a nonconforming use or of a nonconforming structure, these shall not be included in such cost of land or any factors other than the cost of the structure itself.
F. 
Abandonment. If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of one year or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
G. 
Building condemned. A nonconforming building which has been legally condemned shall not be rebuilt or used, except in accordance with the provisions of this chapter.
H. 
Any lawful nonconforming use of a portion of a building may be extended throughout the building by a total of 25% of the area of the building that contained the nonconforming use existing at the time the zoning code was passed that created the nonconforming use. Any lawful nonconforming use may be extended throughout the building beyond 25% by special exception. The special exception shall not be authorized if the proposed expansion above 25% cannot meet the necessary parking requirements for the area of expansion above 25%. The area above 25% must have the same amount of on-site parking that would be required by current ordinances. The special exception shall not be authorized if the nonconforming use or nonconforming structure or building has already been extended upon the lot. The special exception in this section shall only apply to an expansion of a nonconforming use within the structure that originally existed at the time the use became nonconforming. This special exception shall not apply to any extension of any nonconforming use beyond the structure or building that existed at the time the zoning code was passed that made the use nonconforming. The special exception in this section shall not apply to any extensions of nonconforming structures or buildings.
[Added 1-14-2004 by Ord. No. 04-03, approved 1-14-2004]
The Zoning Officer shall record all uses not conforming to the district requirements set forth in this chapter. Such record shall be available for inspection at the Borough Municipal Building.