The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform to the provisions of this chapter, subject
to the following:
A. Unsafe structure. Any structure or portion thereof
declared unsafe by a proper authority may be restored to a safe condition.
B. A building or structure containing a nonconforming
use may not be reconstructed or structurally altered during its life
except with the prior approval of the Zoning Board of Adjustment,
unless said building is changed to be conforming.
C. A nonconforming use shall not be extended or expanded,
but the construction of a lawful addition or alteration to a nonconforming
structure which existed prior to the enactment of this chapter shall
be permitted as long as the addition or alteration does not enlarge
or expand the nonconformity and shall not require the prior approval
of the Zoning Board of Adjustment.
D. Destruction. No building damaged by fire or other
causes to the extent of more than 50% of its actual value shall be
repaired or rebuilt except in conformity with the regulations of this
chapter.
E. Abandonment. Whenever a nonconforming use has been
discontinued for a period of one year, such use shall not thereafter
be reestablished, and any future use shall be in conformity with the
provisions of this chapter.
F. Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
G. Displacement. No nonconforming use shall be extended
to displace a conforming use.
H. District changes. 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.
I. Restoration. Any nonconforming building damaged by
fire or other causes to the extent of less than 50% of its actual
value may be repaired, restored, reconstructed and/or used as before,
provided that the area of such use, building or structure shall not
exceed the area which existed prior to such damage. All repairs shall
be completed within one year after damage occurs or such use shall
not be rebuilt except in conformity with the provisions of this chapter.
[Added 5-16-1988 by Ord. No. 398]
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 structure existed before the adoption
of this chapter. The applicant shall have the burden of proof. Application
pursuant hereto may be made to the Zoning Officer within one year
of the adoption of this chapter or at any time to the Zoning Board
of Adjustment. The Zoning Officer shall be entitled to demand and
receive for such certificate issued by him a reasonable fee not in
excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees
collected by the official shall be paid by him to the Borough. Denial
by the Zoning Officer shall be appealable to the Zoning Board of Adjustment.
Sections 59 through 62 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-72 to
40:55D-75), shall apply to applications or appeals to the Zoning Board
of Adjustment.