[Amended 6-20-2017 by Ord. No. 10-2017]
Any lawful nonconforming use which existed on November 2, 1966,
may be continued. No existing structure designed, arranged, intended
or devoted to a nonconforming use may be structurally altered, extended,
or enlarged unless the structure is changed to a conforming structure;
provided, however, that:
A.
Nothing herein shall prevent the repair and maintenance of any building
wherein there exists a nonconforming use;
B.
Minor alterations and improvements which do not constitute or require
structural changes or enlargement may be made to a building wherein
a nonconforming use exists; and
C.
Nothing herein shall prevent the strengthening or restoration to
a safe and lawful condition of any part of any building which is nonconforming.
A nonconforming use in existence on November
2, 1966, shall not be permitted to be changed to any use other than
a conforming use.
[Amended 6-20-2017 by Ord. No. 10-2017]
Where there is a cessation of operation with the intention of
abandonment of any nonconforming use, the same shall constitute an
abandonment of such nonconforming use. Any subsequent exercise of
such abandoned nonconforming use shall be deemed a violation of the
terms of this chapter.
Nothing in this chapter shall require any change
in plans, construction or designated use of a structure for which
a building permit has been heretofore issued when construction has
been diligently prosecuted within six months of the date of such permit.
[Amended 6-20-2017 by Ord. No. 10-2017]
A.
Alterations. Structural alterations, internal rearrangements and
renovations may be made to 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, other than use, as long
as the structural alteration or increase, internal rearrangement or
renovation does not extend, enlarge, or intensify the nonconformance
of said building or structure.
B.
Restoration.
(1)
A building or structure that is nonconforming because of its use
and is completely destroyed may only be rebuilt for a conforming use.
(2)
A building or structure that is nonconforming because it fails to
comply with any height, area, yard, off-street parking or other like
requirement of this chapter other than use, and is completely destroyed
may only be rebuilt as a conforming structure. Where conformance is
not possible, an application for a variance shall be made for reconstruction.
(3)
A building or structure that is nonconforming, whether by use or
otherwise, and is partially destroyed, may be rebuilt within the same
footprint with the same dimensions, or smaller, as the preexisting
nonconforming structure. Enlargements shall neither intensify an existing
nonconformance, nor create a new nonconformance.
(4)
Complete destruction shall be deemed to have occurred when, in the
opinion of the Construction Official, a building or structure is demolished
except for a de minimis amount, whereby the replacement building or
structure would need to meet the criteria for new construction pursuant
to the Uniform Construction Code (N.J.A.C. 5:23-6).
The foregoing provisions of this chapter shall
also apply to buildings, structures, land or uses which hereafter
become nonconforming due to any reclassification of zone districts
under this chapter or any subsequent change in the regulations of
this chapter.
Nothing in this chapter shall be interpreted
as authorization for or approval of the continuance of the use of
a structure or premises in violation of zoning regulations in effect
November 2, 1966.
