Township of Mansfield, NJ Article IV Nonconforming Uses, Structures and Lots

§ 363-16 Uses.

A. Any lawful nonconforming use which existed on the date of adoption of these land use chapters may be continued on the lot or in the structure so occupied, providing that no nonconforming use which has been changed to a conforming use shall thereafter be changed back to a nonconforming use and no nonconforming use shall be changed to another nonconforming use.

B. Any structure containing a nonconforming use on the date of adoption of these land use chapters shall not be enlarged unless the use is changed to a conforming use.

C. Any lot containing a nonconforming use on the date of adoption of this article may be enlarged, providing that the land area devoted to or occupied by the nonconforming use shall not be extended or enlarged.

§ 363-17 Structures.

[Amended 11-14-2001 by Ord. No. 2001-20]

Any structure which meets the use requirements of this chapter and is nonconforming because of height, coverage or yard regulations may be enlarged, providing that:

A. The height or coverage regulations are not further violated by the enlargement;

B. No portion of the enlargement occurs within a minimum required yard as defined and set forth herein; and

C. No other provisions of this chapter are violated.

§ 363-18 Lots.

A. Any lot, as defined herein, that fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in the district in which it lies, provided the lot is:

(1) In single ownership, as defined in Chapter 360.

(2) That all yard requirements are met.

(3) That the lot area is at least 50% of the size requirement of the zone in which it is located and not less than 22,000 square feet.

(4) That the lot fronts upon a street as defined in § 360-4.

[Added 12-11-1991 by Ord. No. 15-91]

B. Whenever title to two or more contiguous lots, one or more of which does not contain a principal building, is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of the individual lots does not conform with the minimum lot area, yard and dimension requirements for the zone in which it is located, the contiguous lots of the owner shall be considered as a single lot.

C. Whenever the owner of a lot existing at the time of adoption of the land use provisions has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of the Official Map or Master Plan of the Township, the Construction Official shall issue building and occupancy permits for the lot whose depth or area are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

§ 363-19 Repairs and maintenance.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or to a structure containing a nonconforming use.

§ 363-20 Conversions.

The conversion of an existing structure to a use permitted in the zone in which it is located shall be regulated in the same manner as a new structure.