Township of Lacey, NJ
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2023-11-21
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Part II, General Legislation
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Chapter 335 Zoning
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Article V Nonconforming Uses and Structures
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 5 Alcoholism and Drug Abuse, Municipal Alliance Committee on
- Ch 7 American Disabilities Act Advisory Board
- Ch 10 Checks, Returned
- Ch 14 Claims Approval
- Ch 18 Community Development, Department of
- Ch 22 Court, Municipal
- Ch 26 Defense and Indemnification
- Ch 29 Economic Development Commission
- Ch 33 Emergency Management Service
- Ch 37 Environmental Commission
- Ch 39 Ethics, Code of
- Ch 43 Fire Department, Volunteer
- Ch 49 Grievance Procedure
- Ch 55 Health, Board of
- Ch 59 Historic Sites Committee
- Ch 66 Local Assistance Board
- Ch 73 Municipal Utilities Authority
- Ch 79 Officers and Employees
- Ch 85 Personnel Policy
- Ch 89 Planning Board
- Ch 93 Police Department
- Ch 97 Public Works Department
- Ch 100 Recreation Department
- Ch 101 Retirement
- Ch 103 Salaries and Compensation
- Ch 109 Senior Citizens Advisory Committee
- Ch 113 Shade Tree Advisory Committee
- Ch 115 Third-Party Payroll Disbursement
- Ch 120 Veterans Commission
- Part II, General Legislation
- Ch 127 Affordable Housing Program
- Ch 128 Air Safety and Hazardous Zoning
- Ch 130 Alcoholic Beverages
- Ch 134 Animals
- Ch 141 Bingo and Raffles
- Ch 145 Buildings, Numbering of
- Ch 149 Buildings, Unfit
- Ch 153 Bulkheading and Shoreline Stabilization
- Ch 154 Cannabis
- Ch 155 Charitable Clothing Bins
- Ch 159 Construction Codes, Uniform
- Ch 160 Construction, Renovation, and Demolition Debris Recovery Plan
- Ch 161 Dealers in Precious Metals and Other Secondhand Goods, Reporting System for
- Ch 165 Docks, Use of
- Ch 169 Drugs
- Ch 175 Excavations and Soil Mining
- Ch 178 Fees
- Ch 180 Fire Prevention
- Ch 181 Fishing and Crabbing
- Ch 185 Flood Hazard Areas
- Ch 191 Garage and Other Casual Sales
- Ch 196 Handicapped Parking
- Ch 200 Hunting and Weapons
- Ch 205 Insurance
- Ch 206 Invasive Plants
- Ch 211 Land Development Fees, Escrow Deposits and Inspection Fees
- Ch 215 Land Use Procedures
- Ch 217 Length of Service Award Program
- Ch 219 Littering
- Ch 223 Licensing
- Ch 227 Lighting Nuisances
- Ch 234 Massage Establishments
- Ch 236 (Reserved)
- Ch 238 Motor Vehicles, Off-Road
- Ch 239 Motor Vehicle Sales
- Ch 242 Noise
- Ch 243 Nuisances
- Ch 246 Official Map
- Ch 247 Outdoor Landscape Water Conservation
- Ch 249 Parades and Block Parties
- Ch 253 Parental Responsibility
- Ch 257 Parking Lots
- Ch 261 Parks
- Ch 265 Peace and Good Order
- Ch 269 Peddling and Soliciting
- Ch 273 Property Maintenance
- Ch 275 Privately Owned Salt Storage
- Ch 277 Public Records, Inspection of
- Ch 278 Rental Regulations
- Ch 279 Riparian Zone
- Ch 281 Satellite Antennas
- Ch 285 Site Plan Review
- Ch 287 Skateboarding
- Ch 288 Smoking
- Ch 289 Solid Waste
- Ch 291 Stormwater Regulations for Non-Pinelands Areas
- Ch 292 Stormwater Regulations for Pinelands Areas
- Ch 293 Streets and Sidewalks
- Ch 297 Subdivision of Land
- Ch 305 Taxicabs
- Ch 309 Towing and Storage
- Ch 313 Trees
- Ch 319 Vegetation, Obnoxious
- Ch 323 Vehicles and Traffic
- Ch 329 Water Connections
- Ch 335 Zoning
- Ch 335 Art V Nonconforming Uses and Structures
- § 335-38 Continuance.
- § 335-39 Abandonment.
- § 335-40 Restoration.
- § 335-41 Reversion.
- § 335-42 Alteration.
- Part III, Board of Health
- Ch 341 General Provisions, Board of Health
- Ch 347 Animal Control
- Ch 353 Dumps and Dumping
- Ch 358 Fees for Records
- Ch 362 Food Establishments, Retail
- Ch 366 Food Units, Mobile
- Ch 370 Kennels, Pet Shops, Shelters and Pounds
- Ch 373 Laundries, Self-Service
- Ch 381 Nuisances
- Ch 387 Personnel
- Ch 394 Plumbing
- Ch 400 Sewage Disposal Systems
- Ch 404 Sewer Connections
- Ch 407 Swimming Pools, Public
- Ch 412 Water Supply and Sewerage Facilities
- Appendix
- Ch A416 Cable Television Franchise
- Disposition List
- Ch DL Disposition List
Except as otherwise provided in this article,
the lawful use of land or structures existing at the date of the adoption
of this chapter may be continued although such use or structure does
not conform to the regulations specified by this chapter for the zone
in which such land or structure is located; provided, however, that:
A nonconforming use shall be deemed abandoned
when there occurs such overt act as evidences an intent by the owner
or the tenant to cease such prior use or activity. In any event, where
an owner or tenant ceases such prior use or activity and fails to
reinstate the same within a period of one year from the date of cessation
or discontinuance, the same shall be conclusive evidence that there
has in fact been an abandonment. In either of the aforesaid events,
such use shall not thereafter be reinstated, and the structure shall
not be reoccupied except in conformance with this chapter.
If any nonconforming structure is destroyed
by reason of windstorm, fire, explosion or other act of God or the
public enemy to an extent of more than 50%, said structure shall not
be rebuilt, restored or repaired or restored except in conformity
with this chapter.
No nonconforming use or structure shall, if
once changed into a conforming use or structure, be changed back again
into a nonconforming use or structure.
A nonconforming building may be altered or improved, provided that the alteration or improvement does not amount to a substantial increase of a nonconforming use, but if such alterations or improvements involve any increase in lands so used or in the cubic content of the building so used, the permit for the alteration or improvement shall be issued only upon variance granted in accordance with law; provided, however, that accessory uses and additions may be constructed on nonconforming lots in conjunction with an existing residential use if the proposed accessory use or addition complies with the setback and yard requirements set forth in § 335-93.
