Borough of Middlesex, NJ
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2023-10-10
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Part II, General Legislation
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Chapter 420 Zoning
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Article V Nonconforming Uses and Structures
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Background Checks, Criminal History Record
- Ch 6 Bylaws of Council
- Ch 10 Claims, Payment of
- Ch 12 (Reserved)
- Ch 14 Cooperative Pricing
- Ch 18 Court, Municipal
- Ch 19 Culture and Heritage Committee
- Ch 23 Defense and Indemnification
- Ch 26 Board, Committee, and Commission Meeting Attendance
- Ch 28 (Reserved)
- Ch 32 Environmental Commission
- Ch 36 Emergency Management
- Ch 40 Fire Department
- Ch 44 Flood Control Commission
- Ch 48 Health, Board of
- Ch 52 Housing and Community Development Advisory Committee
- Ch 56 Land Use Procedures
- Ch 60 Map, Official
- Ch 62 Municipal Alliance Committee on Alcoholism and Drug Abuse
- Ch 64 Mutual Assistance
- Ch 68 Officers and Employees
- Ch 72 Payroll Procedures
- Ch 76 Pensions
- Ch 80 Police Department
- Ch 84 Political Fund-Raising
- Ch 86 Filming
- Ch 88 Purchasing Department
- Ch 92 Department of Public Recreation and Senior and Disabled Services
- Ch 93 Recreation and Parks Improvement Committees
- Ch 94 Redevelopment Committee
- Ch 96 Salaries and Compensation
- Ch 100 Shade Tree Commission
- Ch 103 Traffic Safety Committee
- Part II, General Legislation
- Ch 108 Adult Uses and Entertainment
- Ch 112 Advertising Materials
- Ch 117 Alarm Devices and False Alarms
- Ch 121 Alcoholic Beverages
- Ch 125 Amusement Games
- Ch 129 Animals
- Ch 150 Carnivals
- Ch 154 Certificates, Birth, Death and Marriage
- Ch 158 Certificates, Sale/Lease
- Ch 168 Construction Codes, Uniform
- Ch 172 (Reserved)
- Ch 176 Conversions, Condominium and Cooperative
- Ch 182 Donation Bins
- Ch 186 Drug-Free Zones
- Ch 190 (Reserved)
- Ch 195 Fees
- Ch 200 Festivals
- Ch 204 Fiber Optic Cables, Installation of
- Ch 208 Firearms and Ammunition, Sale of
- Ch 212 Fire Detection Systems
- Ch 216 Fire Lanes
- Ch 220 Fire Prevention
- Ch 224 Flood Damage Prevention
- Ch 240 Housing Standards
- Ch 244 Junkyards and Junk Dealers
- Ch 248 Land Development
- Ch 252 Landfills
- Ch 254 Landscaping Services
- Ch 256 Laundries
- Ch 260 Library
- Ch 264 Littering
- Ch 265 Limousines
- Ch 268 Loitering
- Ch 272 Massage and Bodywork Therapy Establishments
- Ch 276 Meat, Retail Sale of
- Ch 280 Minibikes
- Ch 284 Newspaper Vending Machines
- Ch 288 Numbering of Buildings and Lots
- Ch 292 Parades and Other Assemblies
- Ch 296 Parking, Handicapped
- Ch 301 Parks and Recreation Areas
- Ch 305 Peace and Good Order
- Ch 309 Peddling and Soliciting
- Ch 313 Poolrooms and Bowling Alleys
- Ch 315 Precious Metals and Secondhand Goods
- Ch 316 Prohibited Use of Borough Land
- Ch 317 Property Maintenance
- Ch 318 Property, Abandoned
- Ch 319 Rapid-Entry Key System
- Ch 320 Registration, Landlord
- Ch 321 Recreational Cannabis Retailing
- Ch 323 (Reserved)
- Ch 325 Riparian Zones
- Ch 327 Sales, Seasonal
- Ch 329 Schools
- Ch 332 Sewers
- Ch 334 (Reserved)
- Ch 336 Shopping Centers
- Ch 343 Smoking
- Ch 344 Smoking: Cannabis Limitations
- Ch 347 Soil Removal, Erosion and Sediment Control
- Ch 351 Solid Waste
- Ch 352 Steep Slopes
- Ch 354 Storm Drains
- Ch 355 Stormwater Control
- Ch 359 Streets and Sidewalks
- Ch 363 Structures, Dangerous
- Ch 367 Swimming Pool, Municipal
- Ch 371 Tattooing
- Ch 375 Taxation
- Ch 379 Taxicabs
- Ch 383 Tobacco, Sale of
- Ch 387 Towing
- Ch 391 Trailers and Campgrounds
- Ch 395 Trees
- Ch 399 Used Cars, Sale of
- Ch 403 Vehicles, Abandoned
- Ch 407 Vehicles and Traffic
- Ch 414 Water
- Ch 420 Zoning
- Ch 420 Art V Nonconforming Uses and Structures
- § 420-40 Nonconforming uses and structures.
- Part III, Board of Health Legislation
- Ch 425 General Provisions, Board of Health
- Ch 427 Barbershops, Beauty Parlors and Nail Salons
- Ch 429 Bylaws of Board of Health
- Ch 434 Gas and Oil Exploration
- Ch 436 Housing Standards
- Ch 438 Officers and Employees
- Ch 440 Rabies Control
- Ch 442 Radioactive Materials
- Ch 443 Retail Food Establishments
- Ch 446 Sanitary Regulations
- Ch 450 Swimming Pools, Public
- Ch 456 Water Supplies, Individual and Semipublic
- Appendix
- Ch A457 Franchises
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
A.
Limitations on continuance of nonconforming uses.
Any nonconforming use which lawfully existed at the time of passage
of this chapter may be continued upon the lot or in the building so
occupied. However, except as required by current adopted state and
local building code, no structural alterations shall be made to a
building which is nonconforming because of use. No nonconforming use
of building or land shall be enlarged or relocated to any other building
or land or to any other portion of the lot occupied by such nonconforming
use, nor shall there be any increase in the square footage of signs
advertising said nonconforming use.
[Amended 6-29-1993 by Ord. No. 1285]
B.
Abandonment of use. If any nonconforming use of a
building or land ceases for 12 consecutive months or for 24 cumulative
months during any three-year period, such structure and premises in
combination shall be considered abandoned and shall not thereafter
be used except in conformance with the regulations of the district
in which it is located.
C.
Restoration of buildings which are nonconforming because
of use. If a building or structure which is nonconforming because
of use is more than 50% destroyed by fire, explosion, windstorm or
other act of God, said structure shall not be rebuilt unless in accordance
with the use restrictions of the district in which it is located.
D.
Continuance of nonconforming buildings and structures.
A nonconforming structure, provided that the use of the same is permitted
in the district, may be reconstructed, enlarged, relocated or structurally
altered, provided that said enlargement, reconstruction, alteration
or relocation complies with all bulk requirements of this chapter.
