Township of Boonton, NJ Article XXIX Nonconforming Buildings and Uses

§ 102-172 Continuance.

Any use or structure existing at the time of the adoption of this chapter or any amendment thereto and which did not meet the requirements of such chapter or any amendment thereto at the respective times of adoption may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. This provision shall not be construed as authorizing the continuance of any use which was contrary to zoning regulations at the time of the inception of such use. Nonconforming uses and structures shall be subject to the following regulations:

A. Such building shall in no case be enlarged, unless the use therein is changed to a conforming use; provided, however, that the provisions of this subsection shall not apply to an existing residence located in a nonresidential zone wherein residential uses are prohibited. Such an existing residence may be extended or enlarged, provided that the yard requirements of the residential zone whose minimum lot size requirements most closely approximates the area of the residential lot are met.

B. A nonconforming use shall not be extended at the expense of a conforming use.

C. A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use.

D. A nonconforming use shall not be permitted to be changed to another nonconforming use.

E. In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be 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, except such shall not apply to a nonconforming use because of height and area violations.

F. A building which is conforming in use, but violates the yard setback or height requirements, may not be extended within any required yard or setback area nor extended above the height limits of this chapter.

§ 102-173 Restoration of buildings.

Nothing in this chapter shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any building partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to not further violate the reasons for nonconformity. Any building totally destroyed in the manner aforesaid may only be rebuilt as a conforming use.

§ 102-174 Completion.

Nothing in this chapter shall require any change in plans, construction or designated use of a building for which a construction permit has been heretofore issued and construction diligently prosecuted within 60 days of the date of such permit.

§ 102-175 Application of provisions.

A. 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 at the time of the effective date of this chapter.

B. The foregoing provisions of this article 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.

§ 102-175.1 Nonconforming lots.

[Added 12-12-2005 by Ord. No. 710]

Where an existing lot, conforming to zoning as of July 25, 2001, has been made nonconforming as a result of an amendment to this chapter, a new dwelling unit or addition(s) to existing dwelling units or accessory buildings may be constructed on such lot, without an appeal to the Zoning Board of Adjustment, according to the following schedule:

		Existing Lot Size (square feet)
Principal Building		Up to 20,000 square feet	20,000 square feet or more, but less than 40,000 square feet	40,000 square feet or more, but less than 81,000 square feet	81,000 square feet or more, but less than 130,000 square feet	130,000 square feet or more, but less than 261,360 square feet
Minimum lot width at street (feet):		60	75	95	135	175
Minimum yards:
	Front (feet)	50	60	75	100	100
	Rear (feet)	50	75	75	100	100
	Side (feet)	15	20	30	35	50
Combined side yards		40%	40%	40%	40%	40%

Accessory buildings: meets requirements found in § 102-144A

§ 102-175.2 Farmland preserved lands with severable exceptions.

[Added 12-12-2005 by Ord. No. 710]

A. Purpose. The purpose of this section is to permit the subdivision of a severable exception from a farmland preserved parcel and the construction of the number of residential dwellings provided in a county-approved farmland preservation program severable exception without appeal to the Zoning Board of Adjustment. This section also applies to severable exceptions in farmland preservation applications pending approval by the Farmland Preservation Program as of the date of the adoption of this section.

B. Where in the case of a farmland-preserved parcel of land, the area of a severable exception on the parcel does not conform to the minimum lot size required as a result of an amendment to this article, the severable exception may be subdivided from that parcel and a new dwelling unit or units may be constructed in accordance with the severable exception approved by the Farmland Preservation Program, without appeal to the Zoning Board of Adjustment, according to the schedule provided in § 102-175.1 of this article.