Borough of Old Tappan, NJ Article XIII Nonconforming Uses and Buildings

§ 255-64 Nonconforming uses.

A lawful nonconforming use may be continued, except as provided below:

A. Change of use. A nonconforming use may be changed to any use permitted in the district in which the lot is located. If once changed to a conforming use, it shall not be changed back to a nonconforming use.

B. Relocation. A nonconforming use shall not be moved to another lot where it is also nonconforming nor shall a nonconforming use of land be moved closer to any lot line.

§ 255-65 Buildings with nonconforming bulk.

A lawful use of a building upon a lot with less than the minimum area, with less than minimum front, rear or side yards, with a greater height or greater coverage than permitted may be continued, except as provided below:

A. Alterations. A building with nonconforming bulk may be altered if:

(1) Such alteration is in conformance with the bulk regulation.

(2) Such alteration will decrease the nonconforming bulk.

B. Extension. A building with nonconforming bulk may be extended, provided that:

(1) The maximum coverage permitted in the district in which the building is located is not exceeded.

(2) The extension shall not project any closer to any side or rear lot line than the existing building or the required yard dimension from any such lot line, whichever is less.

C. Restoration.

(1) Nothing in this chapter shall prevent the restoration, within six months of the date of destruction, of a nonconforming use or building with nonconforming bulk destroyed by fire, explosion, act of God or act of the public enemy, provided that the restoration does not exceed the size of the original nonconforming use or building.

(2) Nothing in this section shall prevent the strengthening or restoring to a safe condition of any building or structure or part thereof declared unsafe by the Construction Code Official.