[Amended 12-7-2020 by Ord. No. 2020-1077]
A. Except as otherwise provided in this chapter, the lawful use of the
land or a building existing at the date of the adoption of this chapter
may be continued although such use or building does not conform to
the regulations specified by this chapter for the zone in which such
land or building is located; provided, however, that:
(1) No nonconforming lot shall be further reduced in size.
(2) No nonconforming building shall be enlarged, extended or increased
unless such enlargement is conforming.
(3) No nonconforming use may be expanded.
B. Certificate of nonconformance.
(1) 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 in accordance with
N.J.S.A. 40:55D-68. The applicant shall have the burden of proof.
(2) Application pursuant hereto may be made to the administrative officer (Zoning Officer) within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Land Use Board. The administrative officer (Zoning Officer) shall collect a fee for such certificates in accordance with §
94-3.14 of this chapter. Denial by the administrative officer shall be appealable to the Land Use Board in accordance with N.J.S.A. 40:55D-72 through 40:55D-75 and §§
94-3.1 and
94-3.3 of this chapter.
No nonconforming use shall, if once changed
to a conforming use, be changed again to a nonconforming use. No nonconforming
use shall be changed to or substituted for any other nonconforming
use.
[Amended 5-11-1998 by Ord. No. 748]
A. Alterations, as applied to a nonconforming structure,
shall only include a change or rearrangement in the structural supports
or a change in the exterior appearance of a structure. A nonconforming
structure may be altered, provided that the cost of alterations does
not exceed, in the aggregate, 50% of the assessed value of the structure
as recorded in the records of the Tax Assessor. More substantial alterations
are not permitted unless the structure is changed to conform to the
requirements of this chapter.
B. A nonconforming structure may not be enlarged, extended,
increased in height, width or depth, moved or relocated, modified
in such a way so as to increase habitable or usable space, number
of dwelling units or number of bedrooms; unless such structure is
changed to a structure conforming to the requirements of this chapter
except that an existing one-family structure may be enlarged, extended
or added to, provided:
(1) The enlargement, extension or addition conforms to
all zone requirements; or
(2) The portion of the enlargement, extension or addition
which does not conform to zone requirements consists entirely of the
enclosure of existing side or rear porches; or
(3) The portion of the enlargement, extension or addition
which does not conform to zone requirements is located entirely to
the rear of the existing nonconforming structure, has a side yard
setback not less than the existing nonconforming structure and conforms
to all other bulk requirements.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which a
building permit has been heretofore issued and the construction of
which shall have been diligently prosecuted within three months of
the date of such permit, and the ground story framework of which,
including the second tier of beams, shall have been completed within
six months of the date of the permit, and which entire building shall
be completed according to such plans as filed within one year from
the date of the adoption of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the provisions of this chapter
shall also apply to any nonconforming uses existing therein or created
thereby.