Nonconforming structures or buildings.

Nonconforming lots. No nonconforming lot shall be reduced in size, except as may be specifically permitted by this chapter. The provisions of this chapter which establish minimum lot size shall not prevent the construction of a structure on any lot that was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, provided that:

Nonconforming uses. A nonconforming use shall not be expanded beyond the existing use, except in accordance with the following provisions:

A nonconforming structure or building, or a structure or building whether or not occupied for a nonconforming use, which has been partially or totally damaged by an unintended destructive event such as, but not limited to, an accidental fire, explosion, collapse, unintended demolition or unintended major structural damage caused by the applicant or a third party, or by natural causes ("unintended damage incident"), as opposed to, but not limited to, deterioration, dilapidation, or decay of the structure or building due to time or neglect, shall only be reconstructed in the exact location of the original footprint of the structure or building, or in a location that reduces the nonconformity, and reconstructed in conformity with all regulations of this chapter. Unless otherwise extended by the Borough Code Official upon a showing of good cause by the applicant, reconstruction shall begin within one year from the date of the unintended damage incident and shall be carried on without interruption until completion.

A nonconforming structure or building proposed for partial or total demolition for reasons other than an unintended damage incident or natural causes as described in Subsection A above, such as the intention to rebuild a new structure or building on the site, shall not be rebuilt except in conformity with the regulations of this chapter. For the purposes of this subsection, partial demolition is defined as the demolition of 50% or greater of building roof and building walls, but less than 100% of the structure or building, as authorized by the Borough through the issuance of a demolition permit ("Borough-authorized"). A Borough-authorized demolition of less than 50% of a structure or building shall be treated as a singular event. However, a series of Borough-authorized demolitions of less than 50% of a structure or building will be collectively counted toward the above threshold defining a partial demolition. For example, three Borough-authorized demolition events, each involving 20% of the structure or building, totaling 60% in the aggregate, shall collectively be deemed a partial demolition, requiring the structure or building to be rebuilt in conformity with the regulations of this chapter.

Limitation of demolition. Any plan that contemplates a series of Borough-authorized demolitions of the same structure or building shall be presented as a series in a single application. Otherwise, succeeding applications for Borough-authorized demolition(s) of the same structure or building will be denied, except upon the applicant demonstrating good cause to the Borough Code Official, including extenuating circumstances not previously contemplated, or an unintended change in the stability, safety, or condition of the structure or building. This limitation on demolition shall be a covenant that runs with the land for a period of two years from the date the initial Borough-authorized demolition is completed ("limitations period"). During this limitations period, the current or any subsequent property owner shall be bound by the cumulative total of prior demolitions of the same structure or building.

Exception to limitation of demolition. In the event of a partial or full demolition of a structure or building, nonconforming dimensional characteristics and nonconforming uses may be transferred to a new structure or building on the same lot, provided that the new structure or building does not exceed the original footprint and/or height. Reconstruction must commence within one year of the completion of the demolition. Failure to begin reconstruction within one year of the demolition's completion will result in the waiver of nonconforming rights and the loss of the continuation of nonconforming uses, as applicable.

Once changed to a conforming use, no use shall be permitted to revert to a nonconforming use.

A nonconforming use may not be changed to another nonconforming use.