Existence and Continuance. At the date of adoption of this chapter, any lot, building or structure which has been and is still being used for a purpose which does not conform to the requirements of the particular zone where the lot, building or structure is situated, and which use is lawful and properly licensed, if required, and is not prohibited by any other existing ordinance of the Borough or any statute of the State of New Jersey or the United States of America, the use may be continued, subject to other provisions contained in this section, and any change of title or possession shall not affect the continuance of such existing use. The existing use may be continued as aforesaid, provided, further, however, that:

Revision and Change of Use.

Discontinuance and Abandonments. Any lot, building or structure used in a lawful character or manner or for a lawful purpose which creates a nonconforming use, which shall have such use intentionally discontinued shall be considered to be abandonment of such use and shall not be re-used or superseded by any use not permitted under respective zone classification provisions of this chapter.

Unsafe Buildings. Nothing in this section shall be construed so as to prevent the strengthening or restoration to a safe and lawful condition of any part of a building or structure declared to be unsafe or unlawful by the building official, chief of the fire department or other duly authorized Borough official.

Change of Location. No nonconforming use of any portion of a lot, building or structure may be moved to any other part or parcel of land upon which the same was conducted at the time of the adoption of this chapter.

Restoration. If any nonconforming building or structure shall be destroyed or damaged by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of 50 percent or more of the recorded true value as appraised in the records of the tax assessor, then such destruction or damage shall be deemed complete destruction and the building or structure may not be rebuilt, restored, or repaired except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the building official.

If such destruction or damage is less than 50 percent of such value, repairs and restoration of such nonconforming building or structure shall take place within one year from date of such destruction and damage. Complete restoration must be achieved within one year of commencement of repairs or restoration. Otherwise such resumption and continuance of the nonconforming usage shall not be permitted.

In the event of a dispute as to the determination of value of such destruction and damage and replacement of same, the building official, together with two independent, competent appraisers, one selected by the claimant and one selected by the Board of Adjustment, shall determine such value, which shall be final and binding upon the claimant. The cost of such appraisal shall be paid for by the claimant.

Alteration. Upon application to the appropriate board after notice to property owners and residents within 200 feet of the affected property, as provided by the Municipal Land Use Law of the State of New Jersey, a nonconforming building structure may be altered (but not enlarged or extended) during its life, to an extent not exceeding in aggregate ten percent of the recorded true value, as appraised in the records of the tax assessor of the Borough, unless the building is changed to a building conforming to the requirements of this chapter.

Construction Approved Prior to Chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed, within one year from the date of adoption of this chapter.

District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.