Any lawful nonconforming use which existed at
the time of the passage of this chapter may be continued, and any
existing building designed, arranged, intended or devoted to a nonconforming
use may be reconstructed or structurally altered, subject to the following
regulations:
A. The structural alterations made in such buildings
shall in no case exceed 10% of the true value of the buildings, nor
shall the building be enlarged, unless the use therein is changed
to a conforming use; provided, however, that where a building meets
the use requirements of this chapter and is nonconforming because
of height and area regulations, structural alterations made in such
buildings may exceed 50% of the true value, provided that the height
and area requirements are not further violated.
B. No nonconforming use shall be extended at the expense
of a conforming use.
C. A nonconforming use changed to a conforming use may
not be changed back to a nonconforming use.
D. 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. This shall not
apply to a nonconforming use because of height and area violations.
E. A structure or use of land which is nonconforming
as to use shall not be enlarged or extended in any manner whatsoever.
A building or use of land which is nonconforming in a manner other
than use may be extended, provided that the nonconformance is not
further increased.
F. Nothing in this chapter shall require any change in
the 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.
G. 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.
H. 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 Zoning 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 Zoning Officer shall be entitled to demand
and receive for such certificate issued a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees collected
by the official shall be paid to the Township. Denial by the Zoning
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 through 40:55D-75),
shall apply to applications or appeals to the Board of Adjustment.
[Added 7-9-1987 by Ord.
No. 22-87; amended 5-8-2014 by Ord. No. 17-14]