Borough of Glen Rock, NJ Article V Nonconforming Uses and Buildings

§ 230-30 Continuance of nonconforming use or structure.

[Amended 2-14-1983 by Ord. No. 993]

Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued and any existing building or structure designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:

A. Such building or structure shall in no case be enlarged or expanded unless the use therein is changed to a conforming use. An exception, however, shall be permitted whenever a one-family dwelling required a grant of variance from the provisions of the then-existing Zoning Ordinance to permit its construction, expansion or enlargement. In such instances, the building may thereafter be enlarged without need of further application to the Zoning Board of Adjustment for any additional variances to the extent only of adding thereto a second-story dormer or dormers to permit the use of said second story to the full limits of the exterior walls of the first floor, if said exterior walls were extended upward to the height of the second story. Nothing herein contained, however, shall prohibit the enlargement of a building which meets the use requirements of this chapter and is nonconforming because of yard, height or lot area regulations, provided that said enlargement results in conformity with all yard, area and height requirements at the conclusion thereof.

B. A nonconforming use once changed to a conforming use may not thereafter revert to a nonconforming use.

C. In the event that there is a cessation of the exercise 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.

§ 230-31 Completion of existing construction.

Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been issued within six months of the date hereof and construction diligently prosecuted within the same six-month period.

§ 230-32 Restoration of existing building and structures.

[Amended 6-26-1989 by Ord. No. 1144]

A. Nothing in this chapter shall prevent the restoration of a nonconforming building or structure partially and not substantially destroyed by fire, explosion, act of God or act of public enemy, provided that any building or structure partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such manner as to not further violate the reason(s) for nonconformity. It shall be the duty of the Building Inspector to make a determination as to whether such building has been substantially destroyed. The Building Inspector may seek the expert advice of the Borough Assessor in arriving at a determination as to whether the building was totally or substantially destroyed.

B. Any building totally or substantially destroyed in the manner aforesaid may only be rebuilt as a conforming use, specifically excepting therefrom, however, are houses of worship, which may be rebuilt and thereafter used only in such manner as to not further violate the reason(s) for nonconformity.

C. The owner of any nonconforming use that is partially destroyed as above-mentioned shall apply for a building permit to rebuild the nonconforming use within 12 months from the time of destruction. If the application to rebuild the nonconforming use is filed after the above-mentioned twelve-month period, a building permit shall only be issued for a conforming use and the applicant presumed to have abandoned the nonconforming use.