[Amended by Ord. No. 82-6; Ord. No. 83-4]
Except as otherwise provided in this article, the lawful use
of land or buildings which did not violate the Land Use Ordinances
of the City of Estell Manor or any law of the State of New Jersey
regulating uses in the Pinelands Area at the time said use commenced
or was commenced pursuant to a duly authorized variance and/or other
approval issued by the Pinelands Commission may be continued, although
the use of the building does not conform to the regulations specified
by this chapter for the zone in which the land or buildings are located,
provided that:
A. No nonconforming lot shall be further reduced in size.
B. No nonconforming buildings shall be enlarged, extended or increased
if the enlargement would tend to increase the degree of nonconformance.
C. No nonconforming use may be expanded other than conforming residences
on nonconforming undersized lots of record.
[Amended 11-6-2002 by Ord. No. 07-02]
The Planning Board shall find a nonconforming use to be abandoned
in the event of an overt act or failure to act which carries a sufficient
implication that the owner neither claims nor retains any interest
in the subject matter of the abandonment and an intention to abandon.
[Amended 11-6-2002 by Ord. No. 07-02]
The Zoning Officer shall issue a zoning permit for the restoration
of any nonconforming use where the restoration does not exceed the
original area of disturbance or footprint. Nothing in this chapter
shall prevent the strengthening or restoring to a safe condition any
wall floor or roof which the Building Inspector has declared unsafe.
No nonconforming use shall, if once changed into a conforming
use, be changed back into a nonconforming use.
A nonconforming building, structure or sign may be reconstructed
but not enlarged or extended, unless the building is changed to a
building conforming or more nearly conforming to the requirements
of this chapter.
[Amended by Ord. No. 83-4]
In the case of an area which has been or may be in the future
transferred from one zone to another zone of a different classification
or having different requirements as a result of any changes in the
Land Use Ordinances of the City of Estell Manor, the foregoing provisions
shall also apply to any nonconforming use created thereby.