[1]
Editor's Note: Former § 125-60,
Existing nonconforming uses, was repealed 12-10-2002 by Ord. No. 15-02.
Whenever a nonconforming use of a building or
land has been changed to a use of a more restricted classification,
such use shall not thereafter be changed to a use of a less restricted
classification.
[Amended 9-11-2007 by Ord. No. 12-07; 8-11-2020 by Ord. No. 7-20]
A nonconforming use or building which is partially
destroyed (not more than 25% of the construction) may be continued
as the same nonconforming use, provided that the building reconstruction
shall be completed within one year from the date when the building
was destroyed. Property owners who wish to repair any damaged nonconforming
condition which is attached to the primary residence can do so if
the Zoning and Construction Code Officials determine that the condition
presents a safety concern. All construction pursuant to this section
must follow within the existing footprint and dimensions of that previously
existing. This section shall not apply to any nonconforming sheds,
garages, fences and/or pools on the subject property.
A.
If a nonconforming use of a building or land is voluntarily
abandoned and ceases for a continuous period of six months or more,
the subsequent use of such building or land shall be, thereafter,
a conforming use in accordance with the provisions of this chapter.
B.
A nonconforming use shall be considered abandoned
if:
(1)
A nonconforming use of land ceases and discontinues
operations for a period of more than six calendar months. Any subsequent
use of land shall conform to the regulations of this chapter.
(2)
A nonconforming use of a building or part thereof
operates less than 180 consecutive days in any twelve-month period.
Any subsequent use of such building or part thereof shall conform
to the regulations specified in this chapter. After conversion to
a permitted use, the original nonconforming use shall not be reestablished.
[Amended 4-11-1995 by Ord. No. 3-95]
In case of a lot where the deed is recorded
in the office of the Register of Deeds or laid out on the Official
Tax Map of the Borough of Oaklyn, prior to the effective date of this
chapter, having an area less than hereinafter required, or is of such
irregular shape that the owner would have difficulty in providing
the required side and rear yard setback requirements in which such
lot is situated, the Planning Board may modify the requirements of
this chapter in accordance with its power as conferred by law and
permit a building or structure to be built thereon.
Any sign, billboard or advertising device existing
prior to the effective date of this chapter that does not conform
in use, type, location, height or size with the regulations of the
district in which it is located may be maintained or repaired; however,
such sign, billboard or advertising device shall not be replaced.
A.
Upon the effective date of this chapter, the Building
Inspector shall issue a certificate of nonconforming use to all owners
of property the use of which does not conform to the provisions of
the use zone in which the property is located.
B.
In accordance with the provisions of this section,
no use of land, buildings or structures shall be made other than that
specified on the certificate of nonconforming use unless the use shall
be in conformity with the provisions of the use zone in which the
property is located.
C.
A copy of each certificate of nonconforming use shall
be filed with the office of the Borough Clerk. No permit or license
shall be issued to any property for which a certificate of nonconforming
use has been issued until said permit or license has been approved
by the governing body.
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 foregoing provisions shall
also apply to any nonconforming uses existing therein.
Nothing herein contained shall require any change
in the plans, construction or intended use of a building for which
a building permit has heretofore been issued and the construction
of which shall have been diligently prosecuted within six months of
the date of such permit, and the entire building completed according
to such plans as filed, within 15 months from the effective date of
this chapter.
