Except as otherwise provided in this chapter,
the lawful use of land or a building existing at the date of the adoption
of this chapter may be continued although such use or building does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however, that:
A. No nonconforming lot shall be further reduced in size.
B. No nonconforming building shall be enlarged, extended
or increased unless such enlargement is conforming.
C. No nonconforming use may be expanded.
D. 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 use or structure existing before the
adoption of the chapter which rendered the use or structure nonconforming.
The applicant shall have the burden of proof. Application pursuant
hereto may be made to the Administrative Officer within one year of
the adoption of the ordinance which rendered the use or structure
nonconforming or at any time to the Board of Adjustment. The Administrative
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 N.J.S.A. 54:5-15. The fees collected by the official
shall be paid by him to the municipality. Denial by the Administrative
Officer shall be appealable to the Board of Adjustment. N.J.S.A. 40:55D-72
to N.J.S.A. 40:55D-75 shall apply to applications or appeals to the
Board of Adjustment. [7/26/1988]
A nonconforming use shall be presumed to be
abandoned when there occurs a cessation of such use or activity by
an apparent act or failure on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Such use shall not thereafter be reinstated and the
structure shall not be reoccupied except in conformance with this
chapter.
Any nonconforming building or use which has
been destroyed by fire, explosion, flood, windstorm, or other act
of God shall be considered partially destroyed if the cost of restoration
equals one-half or less than one-half of the estimated true value
of the building as shown on the latest tax assessment records as determined
by the Tax Assessor and such building or use may be rebuilt, restored,
or repaired not to exceed the area of the building prior to its destruction.
No nonconforming use shall, if once changed
into a conforming use, be changed back again into a nonconforming
use.
A nonconforming building may be altered, but
not enlarged or extended, during its life to an extent not exceeding
in the aggregate 50% of the assessed value as recorded in the records
of the Tax Assessor, unless said building is changed to a building
conforming to the requirements of this chapter.
Notwithstanding the above, for all existing principal residential structures that are being raised in conformance with Chapter
22 or pursuant to a variance granted under Chapter
22, excepting new construction or additions, those structures may maintain pre-existing nonconformities.
[Ord. No. O-19-13]
Nothing herein contained shall require any change
in the plans, construction or designated use of a building for which
a building permit has been heretofore issued and substantial construction
has taken place prior to the date of the adoption of this chapter.
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 provisions of this chapter
shall also apply to any nonconforming uses existing therein or created
thereby.
Notwithstanding Subsections
30-4.1 through
30-4.7 inclusive, any nonconforming residential lot legally existing on October 29, 2012 which had on that date or now has an existing residential structure may have building permit issued for a permitted residential use without an appeal for a variance provided the development proposal otherwise conforms in all respects to all other applicable bulk requirements.
[Ord. No. O-10-14]