Except as otherwise provided in this chapter, the lawful uses
of land or buildings existing prior to the effective date of this
chapter may be continued, although such use does not conform to the
regulations specified in this chapter for the zoning districts in
which such land or buildings are located, provided that:
A.
No nonconforming lot shall be further reduced in area unless the
lot is divided for the purpose of enlarging adjoining lots and all
parts are attached to the adjoining properties. In such case, the
nonconforming lot shall not afterwards be reestablished.
B.
No nonconforming structure or use shall be made more nonconforming
by an expansion, enlargement, or structural alteration.
A nonconforming use shall be presumed to be abandoned when there
occurs a cessation of such use or activity by an apparent act or failure
to act on the part of the tenant or owner to reinstate such use within
a period of one year from the date of cessation or discontinuance.
Such use shall not thereafter be reinstated and the structure shall
not be reoccupied except in conformance with this chapter.
If any nonconforming structure shall be destroyed by reason
of windstorm, fire explosion or other act of God or the public enemy
to an extent of more than 75% of the assessed value as recorded in
the records of the Tax Assessor, then such destruction shall be deemed
complete destruction and the structure may not be rebuilt, restored,
or repaired except in conformity with the regulations of this chapter.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition any wall, floor or roof which has been declared
unsafe by the Building Inspector.
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
A nonconforming structure may be altered but not enlarged or
extended, during its life to an extent not exceeding in aggregate
75% of the assessed value as recorded in the records of the Tax Assessor
unless such building is changed to a building conforming to the requirements
of this chapter.
Repairs and maintenance may be made to a nonconforming structure,
provided the repair and maintenance work do not change the use, expand
the building or the functional use of the building, increase the area
of a lot use for a nonconforming purpose or otherwise increase the
nonconformity in any manner.
Nothing in this chapter shall require any change in plans, construction,
or designated use of a structure or lot for which a zoning permit
has been heretofore issued and construction shall have commenced prior
to the effective date of this chapter.
Any nonconforming lot, structure, or use may be sold and continue
to exist in the same nonconforming manner.
A.
A nonconforming use may be extended throughout any parts of existing
building which were arranged or designed for such use at the effective
date of this chapter.
B.
Any structure on a nonconforming lot, or structure on a conforming
lot which violates any yard requirements, may have additions to the
principal building or construct an accessory building, provided the
total permitted building coverage is not exceeded and the accessory
building or the addition to the principal building does not violate
any other requirements of this chapter.
C.
The Board of Adjustment may permit as variances, the enlargement
or expansion of nonconforming uses and structures, provided that such
expansion or enlargement does not exceed 50% of gross floor area or
area of lot used at such time application is made, where it is determined
by said Board that such expansion or enlargement is necessary to maintain
the economic viability of the use.
Any prospective purchaser or prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists, may obtain a written certification that the property in question is a preexisting nonconforming allowable use and was so before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant, prospective purchaser, prospective mortgagee or other person interested in the land shall have the burden of proving that the property is a preexisting allowable nonconforming use. The application shall be made to the administrative officer as defined herein within one year of the adoption of the ordinance which rendered the use or structure nonconforming, or any time thereafter directly through the Zoning Board of Adjustment. The administrative officer shall charge a reasonable fee not in excess of those allowed pursuant to N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15. The fees so collected shall be paid to the Township. A denial of the request for the written certification by the administrative officer shall be appealable by the interested party to the Zoning Board of Adjustment, in which instance the provisions of N.J.S.A. 40:55D-72 through 40:55D-75 shall apply. In the event of an appeal of the decision to the Zoning Board of Adjustment, the fee schedule set forth in § 410-167 shall apply, as amended from time to time.
