A lot or structure with nonconforming conditions: See Borough staff to obtain a variance application.

A lot or structure without nonconforming conditions: See Borough staff to obtain a variance application.

Where, at the effective date of adoption or amendment of this chapter, lawful use of land, or land and the structure or structures on it, exists and is made no longer permissible under the requirements of this chapter, as adopted or amended, such use may be continued indefinitely, so long as it remains otherwise lawful, provided that the following conditions are applied.

(Reserved)[1]

A nonconforming use which occupies part of a structure may be extended throughout the structure it occupied at the time of adoption of this chapter or subsequent amendment that made the use nonconforming, but the expansion under such circumstances may not be extended to occupy land outside the original structure.

Damage and reconstruction. Any conforming structure which accommodates or supports an officially recognized nonconforming use which is damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is initiated and diligently pursued within 12 months of such casualty and if the restored structure has no greater coverage and contains no greater area than before such casualty.

The nonconforming use of a structure or a lot may be changed only to a conforming use unless:

Existing Lots of Record. Any lot of record existing at the effective date of this chapter and held in sole and separate ownership different from the ownership of adjoining lots may be used for the erection of a structure which will contain a use permitted by the applicable zoning district in which it is located, even though its dimensions are less than the minimum requirements of this chapter, except as set forth hereafter.

No provision of this chapter relating to side and rear yard requirements shall prevent the reasonable use of a nonconforming lot of record. The Zoning Officer may grant a reduction in the requirement for side yards and rear yards for lots of record which lack required lot width or depth. However, in no event may such yard dimensions be reduced by more than 40% of that required without the approval of the Zoning Hearing Board.

Structural Alteration. No such structure may be enlarged or structurally altered in a way that increases its nonconformity by more than 25%. If said enlargement or alteration is greater than 25%, the Zoning Hearing Board, after a public hearing, may determine undue hardship and may authorize a reasonable modification of such structure.

Damage or Destruction. Any nonconforming structure and/or structure foundation which is damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is initiated and diligently pursued within 12 months of such casualty and if the restored structure has no greater lot coverage and contains no greater area than before such casualty.

Moving. Should a nonconforming structure be moved for any reason for any distance, it shall thereafter conform to the requirements of the zoning district in which it is located.

Nonconforming Signs.