Township of Ewing, NJ Nonconforming Uses and Structures; Amendments; Validity; Repealer; Effective Date

Continuation of uses. A use, building or structure lawfully in existence at the effective date of this chapter which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this article.

Changes. No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, when required to do so by law, or as permitted in § 215-110H.

Partial destruction. Any nonconforming use or structure partially damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. All repairs shall be commenced within two years after damage occurs and shall be completed within four years of such date or such use shall not be rebuilt except as a conforming use. In the event total destruction occurs, then the provisions of § 215-110D below shall apply.

Damage beyond repair. When a nonconforming structure or use is destroyed or damaged by fire or other casualty or an act of God beyond repair, the nonconforming structure or use may be rebuilt. The Planning Board shall approve a site plan for the rebuilding. The new building shall have substantially the same floor area as the one destroyed. The Planning Board may approve a change in location on the site if it increases side or front yard dimensions, reduces nuisance characteristics or assists in carrying out the objectives of this chapter.

Normal repairs. Normal maintenance and repair of a nonconforming structure or use is permitted, provided it does not extend or expand the nonconformance.

Termination. A nonconforming nonseasonal use not used for six consecutive months and/or the change of use to a more restricted or conforming use for any period of time shall be considered a termination of the nonconforming use, and such nonconforming use shall not thereafter be revived.

Nonconforming buildings lawfully under construction. Any nonconforming structure or use lawfully under construction on the effective date of this chapter pursuant to plans filed with the Construction Official and approved by him/her and all other municipal boards and agencies as required under law may be completed and may be used for the nonconforming use for which it was designed to the same extent as if such building had been completed and was in use on the effective date of this chapter.

Expansion of residential uses. A nonconforming residential use or structure may be expanded to provide additional living space, provided the expansion does not increase the maximum number of dwelling units permitted in the zone and does not infringe further upon any nonconforming side, front or rear yard.