An application for a certificate of nonconformance may be made to the Borough by the owner of any property which, at the time of the effective date of this chapter, does not conform to the provisions of this chapter. Such application shall be made within 90 days after the effective date of this chapter. The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property. This certificate shall be for the purpose of insuring to such owner the right to continue a nonconforming use. A copy of the certificate of nonconformance shall be retained by the Borough.

Except as otherwise provided in this chapter, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that no nonconforming lot shall be further reduced in size.

A nonconforming use shall be adjudged as terminated when there occurs a cessation of any such use or activity by any apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated, and the structure shall not be reoccupied except in conformance with this chapter.

If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion, or other Act of God, or the public enemy to an extent of more than 50% of the building floor area, then such destruction shall be deemed complete destruction and the 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 any wall, floor or roof which has been declared unsafe by the Zoning Officer.

No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria:

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 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 this chapter.

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

All nonconforming signs, billboards, junk storage areas, storage areas and similar nonconforming uses of open land not involving a substantial investment in permanent buildings, when discontinued for a period of six months or damaged to an extent of 50% or more of replacement costs, shall not be continued, repaired or reconstructed.