All nonconforming uses and structures legally
existing at the time of the adoption of this chapter and all uses
and structures which become nonconforming by reason of amendment thereof
may be continued.
[Amended 12-6-1988 by Ord. No. 5315-88]
A. Any nonconforming use or structure existing at the
time of the passage of this chapter may be continued upon the lot
or in the structure so occupied, and any such structure may be restored
or repaired in the event of partial destruction thereof.
B. 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 ordinance which rendered the use or structure nonconforming.
The applicant shall have the burden of proof. Application pursuant
hereto may be made to the administrative officer within one year of
the adoption of the ordinance which rendered the use or structure
nonconforming or at any time to the Board of Adjustment. The administrative
officer shall be entitled to demand and receive for such certificate
issued by him a reasonable fee not in excess of those provided in
the N.J.S.A. 54:5-14 and 54:5-15, which fees are hereby fixed as $10
for each certificate and $2 per calendar year for each continuation
search and which fees shall be automatically adjusted to the maximum
permitted by said statutes, as the same may be amended from time to
time. The fees collected by the official shall be paid by him to the
municipality. Denial by the administrative officer shall be appealable
to the Board of Adjustment. Sections 59 through 62 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-72 to 40:55D-75), shall apply to applications
or appeals to the Board of Adjustment.
Nothing in this article shall be deemed to prevent
keeping in good repair a building in which a nonconforming use is
conducted.
[Amended 8-20-1996 by Ord. No. 5828-96]
If any nonconforming use is changed to or replaced
by a conforming use or is moved for any distance for any reason or
it is intended that the property no longer be used for the nonconforming
use, the land and building theretofore devoted to such nonconforming
use shall thereupon be subject to all the regulations as to use for
the district in which such land and building are located as if such
nonconforming use had never existed and shall be considered to have
been abandoned.