Beginning on the effective date of this chapter, the Borough
Zoning Officer is authorized to register any nonconforming uses and
nonconforming structures in accordance with § 212-2519.
Upon the Zoning Officer's identification of the existence of a nonconforming
use or nonconforming structure, he shall so notify the landowner,
in writing, who in turn shall, within 60 days of receipt of such notice,
apply for a certificate of occupancy with respect to such nonconforming
use or nonconforming structure.
A nonconforming use of a building, structure or land or use
of a nonconforming building, structure or lot, existing and lawful
at the time of enactment of this chapter or at the time of any amendment
hereto, may continue except as hereinafter provided.
A.
A nonconforming use may be expanded, extended or enlarged within
the boundaries of the zoning lot on which it is located within the
setback lines as stated in this chapter or as permitted by law.
B.
No nonconforming use shall be moved, in whole or in part, to
another district. No nonconforming use shall be moved, in whole or
in part, to another portion of the zoning lot on which it is located,
unless such portion of the zoning lot was devoted to the nonconforming
use upon the effective date of this chapter or the applicable amendment
thereto.
A nonconforming structure or building containing a nonconforming
use wholly or partially destroyed by fire, explosion, flood or other
natural phenomenon, or legally condemned, may be reconstructed, restored
and used for the same nonconforming use, or in the case of a nonconforming
building or structure, it may continue as a nonconforming building
or structure, provided that reconstruction and restoration of the
building or structure shall be commenced within one year of the date
of destruction or condemnation of the building or structure and shall
be carried on to completion within two years of the start of reconstruction.
If a nonconforming use of a building, structure or land is abandoned
for a continuous period of one year, thereafter use of such building,
structure or land shall be in conformance with the provisions of the
zoning district where the building or land is located. With regard
to both mixed use and singular use of buildings, structures or land,
abandonment shall commence upon cessation of the nonconforming use.
A nonconforming use may be changed only to a conforming use
as provided in the applicable zoning district regulations, and once
changed to a conforming use, no structure, building or land shall
be permitted to revert to a nonconforming use. For purposes of this
section, a change is not effected by either normal repairs and maintenance
for upkeep purposes or the provision of modern instrumentalities,
necessary and helpful to reasonable continuation of the nonconforming
use, which instrumentalities, either by nature or extent, do not act
to change the nonconforming use to a different nonconforming use.
