Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued, and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:
A. 
The structural alterations made in such buildings shall in no case exceed 10% of the true value of the buildings, nor shall the building be enlarged, unless the use therein is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height and area regulations, structural alterations made in such buildings may exceed 50% of the true value, provided that the height and area requirements are not further violated.
B. 
No nonconforming use shall be extended at the expense of a conforming use.
C. 
A nonconforming use changed to a conforming use may not be changed back to a nonconforming use.
D. 
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter. This shall not apply to a nonconforming use because of height and area violations.
E. 
A structure or use of land which is nonconforming as to use shall not be enlarged or extended in any manner whatsoever. A building or use of land which is nonconforming in a manner other than use may be extended, provided that the nonconformance is not further increased.
F. 
Nothing in this chapter shall require any change in the plans, construction or designated use of a structure for which a building permit has been heretofore issued when construction has been diligently prosecuted within six months of the date of such permit.
G. 
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
H. 
The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment. The Zoning Officer shall be entitled to demand and receive for such certificate issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees collected by the official shall be paid to the Township. Denial by the Zoning Officer shall be appealable to the Board of Adjustment. Sections 59 through 62 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-72 through 40:55D-75), shall apply to applications or appeals to the Board of Adjustment.
[Added 7-9-1987 by Ord. No. 22-87; amended 5-8-2014 by Ord. No. 17-14]
A. 
Any nonconforming building existing at the time of the passage of this chapter may be restored or repaired in the event of partial destruction thereof by fire, explosion, act of God or act of a public enemy, but any building which is substantially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of this chapter or pursuant to such variances as may be granted by the Board of Adjustment. When the Zoning Officer has denied a permit for the restoration of any such building pursuant to this chapter, he shall forthwith refer the application to the Board of Adjustment. In determining whether or not destruction has been partial, the Board of Adjustment shall be guided by the specific facts and circumstances of the application being considered, giving due regard to, but without being limited to, the following factors:
(1) 
Nature of the nonconforming use.
(2) 
Nature and number of structures destroyed or damaged.
(3) 
Nature and extent of structural damage.
(4) 
Extent of area of damage to the building.
(5) 
Nature and extent of repairs necessary to restore building.
(6) 
Extent to which remaining portions of the building are useable for reconstruction.
(7) 
Such other considerations as may be formulated by statute and judicial decision.
B. 
When setting forth its conclusions under this section, the Board shall make specific factual findings upon which its decision is based. Nothing in this section shall prevent the restoration of a wall declared unsafe by the Zoning Officer.