[Amended 8-9-2005 by Ord. No. 2099]
A use, structure or lot which is lawfully conducted
or in existence prior to the effective date of any ordinance rendering
such use, structure or lot nonconforming shall become a lawful nonconformity
and may lawfully continue either in the manner as it was conducted
or to the same extent as it existed prior to the adoption of that
ordinance without any constraint whatsoever as hereinafter provided.
[Amended 8-9-2005 by Ord. No. 2099]
A lawful nonconforming use or structure or any use or structure upon a lawful nonconforming lot as defined in § 275-27 hereof shall not be enlarged, extended, reconstructed or structurally altered except to conform or otherwise as follows:
A.
Changes that constitute maintenance, repair or refurbishment
that do not extend the particular nonconformity.
B.
Restoration of any structure declared unsafe or unlawful
by the Construction Code Official, the Fire Safety Officer or any
other authorized state, county or Borough official having jurisdiction
to so order but only if such restoration does not extend the nonconformity
or further negatively impact the zoning.
C.
Reconstruction of an accidentally destroyed lawfully
nonconforming structure but only if the foundation of that structure
remains intact and structurally useable and only if such reconstruction
does not extend the nonconformity or further negatively impact the
zoning.
D.
Changes of title or ownership or conveyance of any
interest to such property such as mortgages or leases.
E.
The enlargement, extension or alteration of any lawful
nonconforming structure, the use of which complies with current use
regulations, but only if such enlargement, extension or alteration
conforms to the presently existing requirements of this chapter and
only if such enlargement, extension or alteration does not extend
the particular nonconformity or further negatively impact the zoning.
(As for example, a structure the use of which is presently in conformity
which is rendered nonconforming by the adoption of an ordinance requiring
a greater side yard than provided is a lawful nonconforming structure
which shall be permitted to continue and which may be enlarged, extended
and altered as long as any such enlargement, extension or alteration
conforms to all requirements and does not add to the portion of the
structure that does not conform.)
[Amended 8-9-2005 by Ord. No. 2099]
A.
Lawful nonconforming structures. The right to continue
a lawful nonconforming structure shall be considered to have been
abandoned only if destroyed to the extent that the foundation thereof
is no longer intact and structurally useable for its reconstruction.
B.
Lawful nonconforming uses. The right to continue a
lawful nonconforming use shall be considered to have been abandoned
only if the cessation of that use is voluntary and not merely the
unintended temporary inability to continue the same.
C.
Lawful nonconforming lots. The right to continue a
lawful nonconforming lot shall be considered to have been abandoned
only if the owner thereof acquires title in the same name to adjacent
lands which, when so merged with the nonconforming lot, constitutes
a single conforming lot.
[Amended 8-9-2005 by Ord. No. 2099]
Any structure lawfully under construction pursuant
to plans approved by the Construction Official and by all other municipal
boards or agencies, the approval of which is required for such construction,
which is thereafter rendered nonconforming by the adoption of an ordinance
which it violates, may be completed and/or may be used for the nonconforming
use for which it was designed to the same extent as if such building
had been completed and had been in use on the effective date of the
ordinance which it violates, provided that such building or structure
shall be completed within one year after the effective date of that
ordinance. If so completed, it shall thereafter be considered a lawful
nonconforming structure and/or use, and all the rights pertaining
to a lawful nonconforming lot and/or use shall pertain to it.
All of the provisions of this article shall
apply to uses or structures permitted by virtue of the lawful grant
of a variance therefor, except that such structures or uses shall
not be considered lawful uses in relation to any application for subdivision
of the premises.
[Amended 8-13-1991 by Ord. No. 1601]
A.
The rights conferred by virtue of a grant of a variance
shall expire if the proposed use and/or development permitted by such
variance is not fully completed and is not also granted a zoning certificate
of compliance, if applicable, within the following periods from the
date of the adoption of the resolution memorializing the grant of
such variance by either the Board of Adjustment or the Planning Board.
(1)
Use variances not in conjunction with any new construction
requiring site plan approval: six months.
(2)
Bulk variances not in conjunction with construction
requiring site plan approval and/or subdivision approval: one year.
(3)
Bulk variances and/or use variances in conjunction
with new construction requiring site plan approval: two years.
(4)
Any other variance: such period as the granting board
may designate, but no more than one year.
B.
Such period may be extended by the board granting
such variance for one additional period not to exceed six months by
that board on a public hearing after due notice thereof given in the
same manner as required for the grant of that variance and upon determination
by that board that none of the circumstances relevant to the grant
of that variance have changed.
