Borough of Edgewater, NJ
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2022-11-21
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Part II: General Legislation
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Chapter 240 Land Use and Development
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Article XII Nonconforming Uses, Structures or Lots
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 6 Boards, Committees and Commissions
- Ch 10 Civil Service
- Ch 14 Claims Approval
- Ch 20 Court, Municipal
- Ch 22 Credit Card Payments
- Ch 26 Emergency Management
- Ch 31 Eminent Domain
- Ch 37 Employment Benefits and Requirements
- Ch 41 Ethics, Code of
- Ch 45 Fire Department
- Ch 49 First-Aid Squad
- Ch 52 Fiscal Year
- Ch 55 Housing Authority
- Ch 65 Mayor and Council
- Ch 71 Officers and Employees
- Ch 77 Personnel Policies
- Ch 81 Police Department
- Ch 87 Public Works Department
- Ch 92 Recreation Department
- Ch 96 Salaries and Compensation
- Part II: General Legislation
- Ch 107 Adult Entertainment
- Ch 117 Alarm Devices
- Ch 121 Alcoholic Beverages
- Ch 125 Amusement Devices
- Ch 129 Animals
- Ch 134 Baby-Keep-Well Station
- Ch 147 Buildings, Dangerous
- Ch 151 Buildings, Numbering of
- Ch 157 Certificates, Licenses and Permits
- Ch 161 Charitable Donation Bins
- Ch 166 Construction Codes, Uniform
- Ch 179 Demolition Regulations
- Ch 188 Filming
- Ch 192 Firearms
- Ch 196 Fire Insurance Claims
- Ch 200 Fire Lanes
- Ch 204 Fire Prevention
- Ch 210 Flood Damage Prevention
- Ch 221 Graffiti
- Ch 226 Hazardous Materials Cleanup
- Ch 235 Landfill Operations
- Ch 240 Land Use and Development
- Ch 240 Art XII Nonconforming Uses, Structures or Lots
- § 240-119 Continuation.
- § 240-120 Abandonment.
- § 240-121 Maintenance.
- § 240-122 Restoration and repairs.
- Ch 244 Library
- Ch 248 Littering
- Ch 264 Minibikes and Go-Carts
- Ch 271 Noise
- Ch 282 Parking Lots
- Ch 287 Parking Restrictions
- Ch 293 Parks and Recreation Areas
- Ch 305 Peddling, Soliciting and Advertising
- Ch 310 Portable Cooking Units
- Ch 314 Property Maintenance
- Ch 318 Public Records
- Ch 320 Public Property
- Ch 322 Public Safety Radio Coverage
- Ch 326 Public Utility Installations
- Ch 335 Rental Property
- Ch 339 Rent Control
- Ch 344 Secondhand Jewelry and Precious Metals
- Ch 347 Sewers
- Ch 353 Shopping Carts
- Ch 362 Soil Removal
- Ch 368 Solid Waste
- Ch 374 Stormwater Management
- Ch 380 Streets and Sidewalks
- Ch 386 Swimming Pools
- Ch 397 Taxation
- Ch 402 Taxicabs and Liveries
- Ch 410 Towing
- Ch 416 Trailers
- Ch 421 Trees
- Ch 427 Vehicles, Abandoned
- Ch 432 Vehicles and Traffic
- Ch 438 Vending Machines
- Ch 444 Waterfront Regulations
- Part III: Board of Health Legislation
- Ch 450 General Provisions, Board of Health
- Ch 454 Animals
- Ch 460 Barbershops, Beauty Parlors, Tanning Salons and Nail Salons
- Ch 461 Body Art Establishments
- Ch 466 Buildings, Heating of
- Ch 479 Fees
- Ch 483 Food and Beverage Handling
- Ch 490 Laundromats and Dry Cleaners
- Ch 494 Massage Establishments
- Ch 503 Nuisances
- Ch 507 Officers and Employees
- Ch 512 Pet Shops, Kennels, Shelters and Pounds
- Ch 523 Rental Property
- Ch 529 Solid Waste Disposal
- Ch 535 Swimming Pools
- Appendix
- Ch A550 Historical Documents of the Borough
- Ch A551 Bylaws of Mayor and Council
- Ch A552 Cable Television Franchise
- Ch A553 Open Video Service Agreement
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
A lawful use of land, buildings or structures existing at the
effective date of this chapter may be continued on the lot or in the
structure although it may not conform to this chapter, and any such
structure may be restored or repaired in the event of partial destruction
thereof; provided, however, that none shall be enlarged, extended,
relocated, converted to another use or altered except in conformity
with this chapter, except as permitted below. Land on which a nonconforming
use or structure is located and any nonconforming lot shall not be
subdivided so as to be made more nonconforming.
A nonconforming use shall be considered abandoned if it is terminated
by the owner, if a nonconforming use involving a structure is discontinued
for 12 consecutive months, or if a nonconforming use of land without
structure(s) ceases for a period of six months. The subsequent use
of the abandoned building, structure and/or land shall be in conformity
with this chapter.
Maintenance may be made to a nonconforming use, structure or
lot, provided that the maintenance work does not change the use, expand
the building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose or increase the nonconformity
in any manner.
A.
Any nonconforming building, structure or use which has been condemned
or damaged by fire, explosion, flood, windstorm or act of God shall
be examined by the following three people: the Borough Engineer, the
owner or an architect or engineer selected by the owner, and a third
person agreed to by the Borough Engineer and the owner. If the value
of repairing the condition is greater than 50% of the value of replacing
the entire structure, it shall be considered completely destroyed
and may be rebuilt to the original specifications only upon approval
of a use variance as provided by state statutes.
B.
Where the value of repairing the condition is determined to be less
than 50% of the value of replacing the entire structure, the nonconforming
structure or use may be rebuilt and used for the same purpose as before,
provided that it does not exceed the height, area and bulk of the
original structure. The reconstruction shall commence within 12 consecutive
months of the date the building was damaged or condemned with the
reconstruction carried out without interruption; otherwise the damaged
structure shall not be rebuilt as a nonconforming use or building.
