A use, building or structure which is lawfully
in existence at the effective date of this chapter and shall be made
nonconforming at the passage of this chapter or any applicable amendment
thereto may be continued, except as otherwise provided herein.
No existing use, structure, building or premises
devoted to a nonconforming use shall be enlarged, extended, reconstructed
or structurally altered, except when changed to a conforming use or
when required to do so by law as follows:
A.
Normal maintenance and repair of a structure containing
a nonconforming use is permitted, provided that it does not extend
the area or volume of space occupied by the nonconforming use and
does not increase the number of dwelling units, and further provided
that a structure shall not be repaired if it had been damaged to an
extent exceeding 50% of its assessed value.
B.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe or lawful condition any part of any building
or structure declared unsafe or unlawful by the Construction Official
or other authorized state or Borough official.
C.
Change of title or ownership does not discontinue
a nonconforming use.
D.
Notwithstanding the provisions set forth in this section,
a nonconforming single-family dwelling which complies with the use
requirements of this chapter and is nonconforming because of height,
area, yard and/or parking requirements may be enlarged or extended,
provided that any such enlargement, extension or alteration shall
conform to the presently existing requirements of this chapter and
that such requirements are not further violated.
A nonconforming use shall be considered to be
abandoned if there occurs a cessation of the use for a period of one
year and/or for any longer period of time, and such nonconforming
use shall not thereafter be revived.
Any nonconforming building or structure lawfully
under construction on the effective date of this chapter, pursuant
to plans filed with and approved by the Construction Official and
approved by all other municipal boards and agencies as required under
law, may be completed and may be used for the nonconforming use for
which it was designed, to the same extent as if such building had
been completed and had been in use on the effective date of this chapter,
provided that such building or structure shall be completed within
one year after the effective date of this chapter.
