Except as otherwise provided herein, the lawful use of land or structures prior to the effective date of this chapter[1] and all prior Zoning Ordinances of the Borough of Sea Girt may be continued although such use does not conform to the regulations set forth therein for the zone in which such land or structure is located; provided, however, that no such building, land or structures, shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use, or structurally altered, except in conformity with the regulations of this chapter for the district in which such land or structure is located except as allowed in Section 17-6, Exceptions and Modifications.

Abandonment. A nonconforming use which has become conforming or has been abandoned may not be resumed.

Restoration of Nonconforming Structure. If any nonconforming structure shall be destroyed or damaged by reason of windstorm, fire, explosion, or other act of God, or by the intentional destruction of such nonconforming structure by way of demolition, reconstruction, or otherwise by its owner, or by one working under the authority of, or on behalf of its owner, the nonconforming structure may be rebuilt, reconstructed, or otherwise restored, if such destruction affects less than 50% of the cubic footage of the structure as it existed before such destruction occurred.

If the destruction to any nonconforming structure is 50% or more of the cubic footage of the structure as it existed before such destruction, then the entire structure shall only be rebuilt, reconstructed, or otherwise restored in conformance with the municipal zoning ordinances so that the structure shall no longer be nonconforming. Nothing in this section shall prevent the strengthening or restoring to a safe condition of any wall, floor, or roof, which has been declared unsafe by the Construction Official.

When any building being utilized for a nonconforming use is destroyed or damaged by any reason or cause so that such destruction affects 50% or more of the cubic footage of such building, such nonconforming use may not be resumed and the nonconforming use shall be deemed terminated.

The Borough Zoning Officer shall determine the extent of destruction upon the owner's application for a Building Permit or upon Zoning Officer's own inspection.