[Amended 4-9-1980 by Ord. No. 4-1980]
Any use of any building, structure or land existing
on January 1, 1959, may be continued even though such use does not
conform to the provisions of this chapter, so long as said use as
of January 1, 1959, had been in existence and constantly maintained
for a period of five years.
Any structure or building or portion thereof
declared unsafe by a proper authority may be restored to meet safety
requirements if the cost of such restoration does not exceed 50% of
the value of the building or structure at the time of such declaration.
Any building or structure may be restored or
repaired in the event of destruction; provided, however, that such
restoration or repair is completed within one year of the date of
the destruction thereof.
Nothing in this chapter shall prevent the repairing
of a nonconforming use or structure, or part thereof, existing on
January 1, 1979, rendered necessary by wear and tear, deterioration
or disrepair, provided that the cost of such work shall not exceed
50% of the value of such building or structure at the time such work
is to be done.
A.
It shall be prima facie evidence that a nonconforming
use has been permanently vacated or abandoned:
(1)
When it is changed to a conforming use or has been
permanently vacated or abandoned.
[Amended 5-9-1990 by Ord. No. 5-1990]
(2)
In cases where such nonconforming use is of a structure
not designed for such use or is of a lot or land whereon there is
no substantial structure devoted to such use when it has ceased to
be so used for a period of 12 consecutive months.
(3)
In cases where such nonconforming use is of a structure
designed for such use when it has ceased to be so used for a period
of 12 consecutive months.
B.
A nonconforming use that has been changed to a conforming
use or has been permanently vacated or abandoned shall not thereafter
be reinstated.
[Added 4-15-1998 by Ord. No. 3-1998]
No existing structure in which there is a nonconforming
use shall be expanded either in square feet nor in cubic feet either
vertically or horizontally, nor shall the existing building envelope
be expanded in any direction. Any departure from the provisions of
this section shall require the submission of a variance application
to the Board of Adjustment pursuant to the provisions of N.J.S.A.
40:55D-70(d).
