No lot, yard, parking area or other open space which is already
less than the minimum required under this chapter shall be further
reduced in area or dimension.
Any nonconforming use, building or structure which lawfully
existed at the time of the passage of this chapter may be continued
and any such existing nonconforming building or structure may be reconstructed
or structurally altered, provided it shall meet the requirements of
this article.
Nonconforming uses, buildings or structures in all zone districts
shall conform to the following requirements:
A. Any building, structure or use of land which is nonconforming because
of use shall not be enlarged, extended or changed to another nonconforming
use in any manner whatsoever.
B. There shall be no structural alterations made to any nonconforming
building or structure that is nonconforming because of use. Structural
alterations may be made in a building or structure which is nonconforming
because it fails to comply with height, area, yard, off-street parking
or other like requirements of this chapter, so long as the structural
alteration does not extend or enlarge the nonconformance.
C. In the event that there shall be a cessation of operation of any
nonconforming use for a period of 12 consecutive calendar months,
the same shall be presumed an abandonment of such nonconforming use.
Any subsequent attempt to rely upon, exercise or reinstate such abandoned
nonconforming use, notwithstanding anything contained in this chapter,
shall be a violation of the terms of this chapter.
D. Nothing in this chapter shall require any change in plans, construction
or designated use of a structure or building for which a building
permit has been heretofore validly issued if construction has been
started and diligently prosecuted at the time of the adoption of this
chapter.
E. Nothing in this chapter shall be construed as authorization for or
approval of the continuance of the use of a building, structure or
lot in violation of this chapter and/or rules or regulations in effect
immediately preceding the time of the effective date of this chapter.
F. A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use. Nothing hereinbefore
stated shall prevent the strengthening or restoring to a safe and
lawful condition part of any building or structure declared unsafe
by the Construction Official or the Borough Engineer.
Nothing in this chapter shall prevent the restoration or continuance
of a nonconforming building or structure which is nonconforming because
of its use and which is partially destroyed by fire, explosion, act
of God, or of any public enemy, or the like, if the extent of the
destruction be not more than 50% of either the true value or cubical
contents of the whole building or structure at the time of the partial
destruction, provided that all required repairs or restoration shall
be commenced within two years after the damages occur and shall be
completed within four years of such date of the damage occurring.
Failure to comply within these time limits shall require the rebuilding
and use to be conforming in all respects. If, however, any such building
or structure shall be destroyed in the manner aforesaid to an extent
exceeding 50% of either the true value or cubical contents of the
whole building or structure at the time of such destruction, then
the same may only be reconstructed and thereafter used in such a manner
as to conform to all the requirements, terms and conditions of this
chapter.
Nothing in this chapter shall prevent the restoration or continuance
of a nonconforming building or structure which is nonconforming because
it fails to comply with any height, area, yard, off-street parking
or other like requirements of this chapter, and which is partially
destroyed by fire, explosion, act of God, or of any public enemy,
or the like (less than 50% of total structure); provided, however,
that any restoration of any such building or structure shall not enlarge
the previously existing nonconformance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The prospective purchaser, prospective mortgagee, or any other
person interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before the adoption of the chapter
or any portion thereof which rendered the use or structure nonconforming.
The applicant shall have the burden of proof. Application pursuant
hereto may be made to the Zoning Officer within one year of the adoption
of this chapter or any portion thereof which rendered the use or structure
nonconforming or at any time to the Planning Board. Denial by the
Zoning Officer shall be appealable to the Board. N.J.S.A. 40:55D-72
to 40:55D-75 shall apply to applications or appeals.