§ 165-96. Nonconforming uses, structures or lots.

A lawful use of land, buildings or structures existing at the effective date of this chapter may be continued on the lot or in the structure although it may not conform to this chapter, and any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered except in conformity with this chapter, except as permitted below. Land on which a nonconforming use or structure is located and any nonconforming lot shall not be subdivided so as to be made more nonconforming.

A. 

Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner; if a nonconforming use involving a structure is discontinued for 12 consecutive months; or if a nonconforming use of land without structure(s) ceases for a period of six months. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

B. 

Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for nonconforming purpose or increase the nonconformity in any manner.

C. 

Restoration and repairs.

(1) 

Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the following three people: the Borough Engineer, the owner or an architect or engineer selected by the owner and a third person agreed to by the Borough Engineer and the owner. If the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by state statutes.

(2) 

Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 consecutive months of the date the building was damaged or condemned with the reconstruction carried out without interruption; otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.