Where at the effective date of adoption of this chapter lawful
use of land exists that is made no longer permissible under the terms
of this chapter, such use may be continued, subject to the following
provisions:
A.
No such nonconforming use shall be enlarged or increased nor extended
to occupy a greater area of land than was occupied by such use at
the effective date of adoption of this chapter.
B.
No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of the adoption of this chapter, except that a nonconforming
structure may be temporarily moved during the performance of permitted
construction or repair work pursuant to and during the term of a building
permit or for a maximum temporary period of one year, whichever duration
is less.
[Amended 11-10-1987 by Ord. No. 15-87]
C.
If any such nonconforming use of land ceases for any reason for a
period of one year or more, any subsequent use of such land shall
conform to the regulations specified by this chapter for the zoning
district in which such land is located.
Where a lawful structure exists at the effective date of adoption
of this chapter that could not be built under the terms of this chapter
by reason of restrictions on lot area, lot coverage, height, yards
or other characteristics of the structure or its location on the lot,
such structure may be continued, subject to the following provisions:
A.
No such structure may be enlarged or altered in a way which increases
its nonconformity, but may be enlarged or altered, provided that said
change does not extend into any front, side or rear yard established
by this chapter, notwithstanding existing setbacks.
B.
Any such structure may be restored or repaired in the event of partial
destruction. Where the foundation of the structure is left remaining,
the structure shall be considered partially destroyed and the nonconforming
use or structure may be rebuilt and used for the same purpose as before,
provided that it does not exceed the height, area and bulk of the
original structure. In the event that the structure, including the
foundation, is destroyed, the entire structure shall be considered
destroyed and may be rebuilt to the original specifications only upon
approval of a use variance as provided by state statutes.
[Added 2-15-1996 by Ord. No. 6-96]
If a lawful use of a structure, or of structure and premises
in combination, exists at the effective date of adoption of this chapter
that would not be allowed in the district under the terms of this
chapter, the lawful use may be continued, subject to the following
provisions:
A.
No existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in the district
in which it is located.
B.
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter, but no such use shall be
extended to occupy any land outside such building.
C.
As to any structure or structure and land in combination, in or on
which a nonconforming use is converted to conform to the regulations
for the district in which such structure is located, the nonconforming
use may not thereafter be resumed.
D.
When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 12 consecutive months,
the structure, or structure and premises in combination, shall not
thereafter be used except in conformance with the regulations of the
district in which it is located.
E.
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the structure.
F.
The foregoing provisions of this section shall also apply to buildings,
structures, land or uses which hereafter became nonconforming due
to any reclassification of districts under this chapter or any subsequent
changes in the regulations of this chapter.
G.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any Township official charged with protecting the
public safety upon order of such official.
[Amended 9-8-1987 by Ord. No. 12-87]
Where two or more lots created by the filing of a map pursuant
to the Map Filing Law prior to establishment of the Eagleswood Township
Land Use Board have any contiguous lines and are in single ownership
and one or more of the lots is nonconforming in any aspect, the lots
involved shall be considered to be an undivided parcel for the purposes
of this chapter, and no portion of said parcel shall be conveyed or
divided except through the filing of an approved subdivision in accordance
with the provisions of this chapter.
