Any nonconforming use or structure existing on the effective
date of this chapter may be continued upon the lot or structure so
occupied, and any such structure may be restored or repaired in the
event of partial destruction thereof.
Any nonconforming building, structure, fence, wall or sign which
has been damaged by fire, windstorm, explosion, flood or other causes
to the extent of 75% of its value may be repaired, rebuilt or replaced
only for a use in conformity with the uses permitted for the district
in which it is located. This provision shall apply to the building
or structure in question, regardless of the value of other buildings
on the same lot or making up part of the same complex of buildings
or structures.
Any prior nonconforming use, as previously defined, or any use
authorized by the grant of a use variance, as defined by N.J.S.A.
40:55D-70, or any use authorized by the grant of a special exception
under the terms of this chapter which is not utilized for a period
of six consecutive months after erection or occupation pursuant to
such grant in the case of prior nonconforming uses shall be presumed
to be abandoned, and any subsequent use of such property shall be
in accordance with the permitted uses, under this chapter, of the
property without such variance, special exception or prior nonconforming
use.
A. The phrase "not utilized" shall mean remain vacant or not used for
the use granted or the use which is a prior nonconforming use.
B. The presumption shall be conclusive if:
(1)
The Borough Clerk or his designee shall send notice of the arising
of such presumption by certified mail, return receipt requested, to
the owner of said property, which notice shall be directed to the
owner shown upon the then current tax list of the Borough of Bellmawr.
A copy of this chapter together with the dates of vacancy shall constitute
sufficient notice.
(2)
No application for hearing before the Zoning Board of Adjustment
is filed by the owner or occupant within 60 days after said mailing
and posting as hereinafter provided.
(3)
The property in question is posted with such notice.
C. The Zoning Board of Adjustment shall hold a hearing on the question
of abandonment, if requested, within 60 days after mailing and posting
as set forth above and, after listening to the facts and the law on
abandonment, shall by resolution grant or deny the application under
such terms as are just and proper. The person urging nonabandonment
shall have the burden of going forward with proof and the burden of
persuasion on the issue of abandonment.