A.
Except as otherwise provided in this chapter, the
lawful use of 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:
(1)
No nonconforming lot shall be reduced in size.
(2)
No nonconforming building shall be enlarged, extended
or increased unless such enlargement is conforming.
(3)
No nonconforming use may be expanded.
(4)
A lot of record under one ownership at the date of
the adoption of this chapter, where the owner thereof owns no adjoining
land, may be used as a lot for any purposes permitted in the residential
zone, provided that the minimum area for such a lot is 5,000 square
feet and has a fifty-foot width and further provided that all other
regulations prescribed for the zone are complied with.
B.
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 in accordance with N.J.S.A. 40:55D-68. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer (Zoning Officer) within one year of the adoption of the ordinance which rendered the use or structure nonconforming. The administrative officer (Zoning Officer) shall collect a fee for such certificates in accordance with § 215-17 of this chapter. Denial by the administrative officer shall be appealable to the Planning Board in accordance with N.J.S.A. 40:44D-72 through 40:44D-75 and sections thereof.
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 shall be more than
partially destroyed, then the structure may not be rebuilt, restored
or repaired, except in conformity with this chapter.
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.
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 not be enlarged, extended,
increased in height, width or depth; moved or relocated; or modified
in such a way 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.
C.
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.
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 the 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 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.
