The zoning districts established by this chapter are designed to guide future use of land in the Borough by encouraging the development of desirable residential, commercial and manufacturing areas, with appropriate groupings of compatible and related uses to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare. To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter or future amendments, which do not conform to the character and regulations of the zoning district in which they are located must be subject to certain limitations. The regulations set forth below are intended to provide a gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses and to afford a means whereby nonconforming uses can gradually be eliminated and reestablished in more suitable locations within the Borough. Similarly, buildings or other structures which do not comply with one or more of the applicable district area and bulk requirements as further listed in § 360-36 are deemed to be nonconforming. Nonconforming uses and structures will be generally permitted to remain; the purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their location.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or intended use of any building on which actual construction was lawfully begun prior to the effective date, or amendment, of this chapter and on which actual building construction has been diligently carried on.

Enlargement. With the exception of nonconforming residential uses within residential or commercial districts, no nonconforming use shall be enlarged, increased nor extended to occupy a greater area of building or land than was occupied at the effective date of this chapter or subsequent applicable amendments. Nonconforming residential uses may be enlarged, provided that they do not further violate the height or yard restrictions applicable to the district in which they exist.

Moving. No nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel not occupied by such use at the effective date of this chapter or subsequent amendments thereto.

In the event that any nonconforming use in any district is destroyed or partially destroyed by fire, explosion or other disaster or otherwise damaged, to the extent of 100% or more of the assessed valuation of all buildings, structures and other improvements on the lot, such nonconforming use shall terminate, and the lot shall thereafter be used only for a conforming use.

Discontinuance. If a nonconforming use of land or a structure ceases or is discontinued as evidenced by a vacancy or inactivity on the premises by the owner or tenant for a continuous period of one year or more, such nonconforming use shall be considered abandoned and the subsequent use of such land or structure shall be in conformity with the provisions of this chapter.

Buildings in existence at the effective date of this chapter and which do not conform to the area and bulk regulations of this chapter applicable to the districts in which they are located are deemed to be nonconforming, except that residential uses in residential and commercial districts are excluded from this classification if they comply with the following:

Nonconforming buildings and structures may continue, so long as they remain otherwise lawful, subject to the following regulations:

Any such lot must be in single and separate ownership and not form part of a continuous frontage with other lots in the same ownership.

This provision shall apply even though such lot fails to meet the requirement of area or width, or both, generally applicable in the district in which the lot is located, and a variance shall be issued by the Planning Board, except as follows:

The provisions hereof to the contrary notwithstanding, a permit may be issued and reissued for a sign lawfully existing on the effective date of this chapter or authorized prior thereto, provided that said sign is not enlarged or changed as to nature, purpose or type, it being the intent of this provision that, as expeditiously as possible, all nonconforming signs shall be eliminated.

No nonconforming signs shall be moved to another position on the building or lot on which it is located after the effective date of this chapter.

In the event that any nonconforming sign is damaged to the extent of 25% of its cost of replacement, said sign shall not be restored or replaced and instead shall be forthwith removed from the premises.[1]

No nonconforming sign may be replaced by another nonconforming sign.

Discontinuance of signs. Whenever any use of a building or structure, of land or of a combination of buildings, structures and land ceases, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within three calendar months or within 10 days of receipt of a written demand from the Zoning Officer.

In order to administer this chapter, the Building Inspector, or any other person designated by Borough Council as Zoning Officer, shall prepare, immediately after the adoption of this chapter, a complete list for registration purposes of all nonconforming uses, buildings, lots and signs then in existence, except that this list shall exclude residential uses in residential and commercial zones which are exempted from registration.

Certificates of occupancy for nonconforming uses, buildings and signs. A certificate of occupancy shall be issued in accordance with § 360-45 for any nonconforming use, building or sign to be continued after the effective date of this chapter, subject to the following regulations: