Township of Verona, NJ Article XIII Nonconforming Uses and Structures

§ 150-13.1 Continuation of use.

A. A use, building or structure which is lawfully in existence at the effective date of this chapter and shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued, except as otherwise provided herein.

B. Any lawful nonconforming use or structure existing on the effective date of this chapter may be continued upon the premises or in the building so occupied or used.

C. Any lawful nonconforming use subject to condition or conditions or limited as to term of duration shall continue subject to any such condition or conditions and only for and to the end of the term of duration for which such nonconforming use was granted.

§ 150-13.2 Partial destruction of nonconforming use: restoration or repair.

A. Despite anything to the contrary, nothing herein shall prevent an owner of a structure being utilized with a nonconforming use from rebuilding the structure after it is destroyed by fire or other catastrophic event, provided the use has not been abandoned. Rebuilding shall be allowed without regard to the percentage of the structure that remains after the fire or catastrophic event. The replacement structure shall retain the exterior dimensions and height of the destroyed structure except that no replacement structure shall be allowed to exceed the then existing height requirement in the zone in which the structure is located.

B. In the event of a partial destruction of a structure devoted to a nonconforming use, the owner or occupant shall, within 90 days after such event, give notice, in writing, to the Administrative Officer or the Construction Official of his intention to restore or repair the structure and, within 90 days after date of notice, commence and diligently proceed to the completion of the work.

C. Nonconforming signs as established by this chapter and/or the building code may remain at their present location, provided that only basic maintenance work on these signs shall be permitted. Maintenance work shall not mean to include the removal of a sign for repair, alteration or repainting nor the relettering of a sign to a name other than that which existing at the time of the passage of this chapter. The relettering of a sign at the site shall not apply to billboards.

D. Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building or structure declared unsafe or unlawful by the Construction Official, Zoning Officer, or other authorized state or Township official.

§ 150-13.3 Extensions, enlargements or changes.

A. No existing building or premises containing any nonconforming use as permitted by this chapter shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use permitted in the district in which such building or premises is located; and no nonconforming use shall be changed to another or different nonconforming use.

B. A one- or two-family residential building which complies with the use requirements of this chapter and is nonconforming because of the yard regulations may be enlarged; provided, that any violation of any setback may be expanded; provided, that the expansion does not encroach further into such violated setback and no other setback regulations are violated.

§ 150-13.4 Discontinuance or abandonment.

No nonconforming use or structure which shall have been discontinued or abandoned for a period exceeding 12 months shall be resumed; provided, however, that no such use or structure shall be resumed if the premises upon which such use or structure existed is devoted to a conforming use after the discontinuance or abandonment of the nonconforming use.

§ 150-13.5 Modernization of nonconforming structures.

Nothing contained in this chapter shall prohibit the modernization of existing nonconforming structures; provided, however, that such modernization does not entail any extension, enlargement, intensification, addition or change of the nonconforming use.

§ 150-13.6 Nonconforming buildings lawfully under construction.

Any nonconforming building or structure lawfully under construction on the effective date of this chapter, pursuant to plans filed with the Construction Official and approved by him and all other municipal boards and agencies as required under law, may be completed and may be used for the nonconforming use for which it was designed, to the same extent as if such building had been completed and been in use on the effective date of this chapter; provided, that such building or structure shall be completed within one year after the effective date thereof.