A.
Except as otherwise provided in this chapter, the lawful use of the
land or a building 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:
B.
Certificate of lawful preexisting use or structure.
(1)
A 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 this chapter
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof.
(2)
Application pursuant hereto may be made to the administrative officer
within one year of the adoption of this chapter which rendered the
use or structure nonconforming or at any time to the Board of Adjustment.
The administrative officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15. The fees
collected by the official shall be paid by him to the municipality.
Denial by the administrative officer shall be appealable to the Board
of Adjustment. Sections 59 through 62 of P.L. 1979, c. 291 (N.J.S.A.
40:55D-72 to N.J.S.A. 40:55D-75), shall apply to applications or appeals
to the Board of Adjustment.
A.
A nonconforming use shall be deemed to be abandoned where there is
an intention to abandon, as well as an external act (or omission to
act) by which such intention is carried into effect.
B.
It shall be prima facie evidence that a nonconforming use has been
abandoned when there occurs a cessation of such use on the part of
a tenant or owner for a continuous period of at least one year.
C.
When a nonconforming use has been abandoned, such use shall not thereafter
be reinstated, and any structure shall not thereafter be reoccupied,
except in conformance with this chapter.
A.
If any nonconforming structure is more than partially destroyed by
fire, flood, earthquake, wind or other natural occurrence, then said
structure can only be rebuilt in conformance with this chapter, except
where the rebuilding can meet all of the following:
[Amended 7-26-2017 by Ord. No. 2017-19]
(1)
Where
the structure contained a permitted use at time of destruction, and
will continue to do so after it is rebuilt, or where the structure
is a nonpermitted one- or two-family dwelling;
(2)
Where
the structure would not require site plan approval pursuant to this
chapter; and
(3)
Where
the structure will be rebuilt on or within the existing building footprint.
B.
Destruction to the extent that rebuilding, repair or restoration
requires removal or demolition of any remaining portions of the damaged
part of the structure such that the only major components of the original
structure utilized in such building, repair or restoration are the
foundation or exterior walls shall be prima facie evidence that the
structure has been more than partially destroyed.
C.
Nothing in this chapter shall prevent the strengthening or restoring
of any portion of a structure which has been declared unsafe by the
Construction Official.
[Amended by Ord. No. 1988-21]
A.
Alterations, as applied to a nonconforming structure, shall only
include a change or rearrangement in the structural supports or a
change in the exterior appearance of a structure.
B.
A nonconforming structure may be altered, provided that the cost
of alterations does not exceed, in the aggregate, 50% of the assessed
value of the structure as recorded in the records of the Tax Assessor.
More substantial alterations are not permitted unless the structure
is changed to conform to the requirements of this chapter.
C.
A nonconforming structure may not be enlarged, extended, increased
in height, width or depth, moved or relocated, modified in such a
way so as to increase habitable or usable space, number of dwelling
units or number of bedrooms, unless such structure is changed to a
structure conforming to the requirements of this chapter, except that
an existing one- or two-family structure (principal or accessory)
may be enlarged, extended or added to, provided:
(1)
The structure is located on a lot which conforms to minimum lot area
requirements; and
(2)
The enlargement, extension or addition conforms to all yard requirements;
or
(3)
The portion of the enlargement, extension or addition which does
not conform to yard requirements consists entirely of the enclosure
of existing side or rear porches; or
(4)
The portion of the enlargement, extension or addition which does
not conform to yard requirements is located entirely to the rear of
the existing nonconforming structure, has a side yard setback not
less than the existing nonconforming structure and conforms to all
other bulk requirements.
D.
Accessory structures may not be constructed on nonconforming lots
and/or on lots which contain a nonconforming principal structure unless:
Nothing herein contained shall require any change in the plans,
construction or designated use of a building for which a building
permit has been heretofore issued and substantial construction has
taken place prior to the date of the adoption of this chapter.
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 provisions of this chapter shall also apply to
any nonconforming uses existing therein or created thereby.
