A use, building or structure, lawfully in existence
at the effective day of this chapter, which shall be made nonconforming
at the passage of this chapter may be continued except as otherwise
provided in this section.
Where a lot exists as a separate isolated lot
and is improved with a building or structure which is nonconforming
due to location, said lot may be further improved by an addition to
said building or structure or any accessory building or structure
(provided that the existing nonconforming setbacks may be extended
but not further encroached upon).
Notwithstanding any other provisions of this
section, any existing lot not adjoining any other land owned by the
owner of such lot and which is nonconforming as to dimensions or area
may be improved with a new building or structure, in accordance with
the use requirements of this section, provided that the minimum setbacks
shall be as required in the zoning district; except that required
side street setbacks on corner lots may be reduced one foot for each
three feet the lot is under the minimum width required in the zone
district but shall not be reduced below 1/2 the minimum required setback.
A.
No existing building or premises devoted to a nonconforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use or as follows:
(1)
Restoration. Any nonconforming use or structure partially
destroyed by fire, casualty or act of God may be repaired, restored,
reconstructed or used as before, provided that the area of such use
or structure shall not exceed the area which existed prior to such
damage. All repairs shall be commenced within one year after damage
occurs and shall be completed within two years of such date or such
use shall not be rebuilt except as a conforming use.
(2)
Repairs. Normal maintenance repair of a structure
containing a nonconforming use is permitted, provided that it does
not extend the area or volume of space occupied by the nonconforming
use and does not increase the number of dwelling units.
B.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition any part of any building or structure
declared unsafe by the Construction Official or other authorized state
or Township official.
A.
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 stating that the use or structure existed before the adoption
of the ordinance which rendered the use or structure nonconforming.
B.
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 Zoning Board
of Adjustment.
C.
Such application shall contain the name and address
of the applicant, the nonconforming use so operated, the date on which
the use commenced, the tax lot and block number of its location, any
buildings or structures in which such use is contained or are necessary
for the operation of such use and the numbers and types of equipment
and/or vehicles utilized in the operation of said use.
D.
The applicant shall have the burden of proof as to
all matters alleged. Where application is to the Zoning Officer, it
shall be in the form of an affidavit and shall be notarized. Where
application is made to the Zoning Board of Adjustment, the application
shall be processed as in the case of all other applications to said
Board. Notice of such application shall be given in accordance with
the provisions of N.J.S.A. 40:55D-12.
E.
If the Zoning Officer fails or refuses to issue a
certificate, he or she shall notify the applicant in writing as to
the reasons therefor within 45 days from the date of application.
Such denial may be appealed to the Zoning Board of Adjustment in accordance
with N.J.S.A. 40:55D-72, notice of which shall be given in accordance
with 40:55D-12.
