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:
A. No nonconforming lot shall be further reduced in size.
B. No nonconforming building shall be enlarged, extended
or increased unless such enlargement is conforming.
C. No nonconforming use may be expanded.
[Amended 8-20-1997 by Ord. No. 349-97]
Notwithstanding the use restrictions contained in this chapter, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in §
155-57, may be expanded or altered, provided that:
A. The use was not abandoned or terminated subsequent
to January 14, 1981.
B. The expansion or alteration of the use is in accordance with all of the minimum standards of §
155-57.
C. The area of expansion does not exceed 50% of the floor
area, the area of the use or the capacity of the use, whichever is
applicable, on January 14, 1981, or which was approved pursuant to
N.J.A.C. 7:50-4, Part V.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which a
building permit has been heretobefore 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 form
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.
[Amended 12-2-2015 by Ord. No. 543-2015]
A 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 existing 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 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 Planning Board.
The Administrative Officer (Zoning Officer) shall be entitled to demand
and receive for such certificate issued by him or her a fee of $100
made payable to the "Township of Weymouth." Denial by the Administrative
Officer (Zoning Officer) shall be appealable to the Planning Board;
N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to applications or appeals
to the Planning Board.
[Added 11-16-1988 by Ord. No. 290-88; amended 3-1-1989 by Ord. No. 291-89; 3-1-1989 by Ord. No. 293-89; 8-20-1997 by Ord. No. 349-97]
Notwithstanding the density limitations or other
provisions of this chapter, a single-family dwelling may be developed
on a parcel of land of one acre or more in the Pinelands Area, provided
that:
A. The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner.
B. The parcel has been in the continuous ownership since
February 7, 1979, of the person whose principal residence the dwelling
unit will be, a member of that person's immediate family or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation.
C. The parcel was not in common ownership with any contiguous
land on or after February 8, 1979, that contains substantial improvements.
D. The parcel includes all vacant contiguous lands in
common ownership on or after February 8, 1979.