A. Nonconforming uses and buildings are hereby declared to be incompatible with the uses and buildings permitted. It is the intent of this article to permit nonconformities to continue until they are removed or ceased but not to encourage their survival. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

A. Any nonconforming use, lot or structure which lawfully existed at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such existing nonconforming structure may be reconstructed or structurally altered, provided that it shall meet the requirements of this section.

B. Nonconforming uses or structures in all zoning districts shall conform to the following requirements:

(1) Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.

(2) There shall be no structural alterations or enlargement made to any nonconforming building or structure that is nonconforming because of use. Structural alterations or enlargements may be made in a building which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, so long as the structural alteration or enlargement does not further violate said height, area, yard, off-street parking or other like requirements, and provided that all other provisions of this chapter are complied with.

(3) A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing herein stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe by the Construction Official or the Chief of the Borough Fire Department. A nonconforming use changed or altered to a different nonconforming use shall be deemed abandoned immediately and the new nonconforming use shall not be considered to be lawfully existing.

(4) In the event that there shall be a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.

(5) Nothing in this chapter shall require any change in plans, construction or designated use of a structure or building for which a building permit has been heretofore validly issued or if a variance has been authorized by the Board of Adjustment.

(6) Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God or of any public enemy, or the like, if the extent of the destruction be not more than 50% of said value of the whole building or structure at the time of such destruction.

(7) Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter, and which is partially destroyed by fire, explosion, act of God, or of any public enemy, or the like; provided, however, that any restoration of any such building or structure shall not enlarge the previously existing nonconformance.

C. Emergency housing. In the event that damage resulting from a fire, an explosion or an act of God renders any single-family dwelling uninhabitable, mobile housing units shall be permitted to be located on the lot on a temporary basis, not to exceed eight months, unless an extension of time is approved by the Construction Code Official. The location of said temporary housing unit requires the approval of the Zoning Officer and shall not be governed by existing setback requirements of the zone, but shall be set back a minimum of five feet from adjacent properties and shall not be located within a required sight triangle. Permits required for the emergency housing shall be issued by the Construction Code Official.

Any use which is permitted as a conditional use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district.