[Amended 9-29-2009 by Ord. No. 1950]
No lot, yard, parking area or other open space which is already
less than the minimum required under this ordinance shall be further
reduced in area or dimension.
Any non-conforming use, building or structure which lawfully
existed at the time of the passage of this ordinance may be continued
and any such existing non-conforming building or structure may be
reconstructed or structurally altered provided it shall meet the requirements
of this article.
Non-conforming uses, buildings or structures in all zone districts
shall conform to the following requirements.
A.
Any building, structure or use of land which is non-conforming because
of use shall not be enlarged, extended or changed to another non-conforming
use in any manner whatsoever.
B.
There shall be no structural alterations made to any non-conforming
building or structure that is non-conforming because of use. Structural
alterations may be made in a building or structure which is non-conforming
because it fails to comply with height, area, yard, off-street parking
or other like requirements of this ordinance, so long as the structural
alteration does not extend or enlarge the non-conformance.
C.
In the event that there shall be a cessation of operation of any
non-conforming use for a period of 12 consecutive calendar months,
the same shall be presumed an abandonment of such non-conforming use.
Any subsequent attempt to rely upon, exercise or reinstate such abandoned
non-conforming use, § 19.02 notwithstanding, shall be a
violation of the terms of this ordinance.
D.
Nothing in this ordinance shall require any change in plans, construction
or designated use of a structure or building for which a building
permit has been heretofore validly issued if construction has been
started and diligently prosecuted at the time of the adoption of this
ordinance.
E.
Nothing in this ordinance shall be construed as authorization for
or approval of the continuance of the use of a building, structure
or lot in violation of any zoning ordinances, rules or regulations
in effect immediately preceding the time of the effective date of
this ordinance.
F.
A non-conforming use changed or altered to a conforming use may not
thereafter be changed back to a non-conforming use. Nothing herein
before stated shall prevent the strengthening or restoring to a safe
and lawful condition part of any building or structure declared unsafe
by the Construction Official or the Town Engineer.
G.
The conversion of an existing building or buildings, structure or
structures from a non-conforming use to a use permitted in the zone
district in which such building or structure is located shall be subject
to the same regulations as are new buildings or structures constructed
in such zone district; except, that a non-conforming building or structure
or use may not be converted in such a way as to enlarge or extend
the non-conformance.
Nothing in this ordinance shall prevent the restoration or continuance
of a non-conforming building or structure which is non-conforming
because of its use and which is partially destroyed by fire, explosion,
act of God, or of any public enemy, or the like, if the extent of
the destruction be not more than 50% of either the true value or cubical
contents of the whole building or structure at the time of the partial
destruction, provided that all required repairs or restoration shall
be commenced within two years after the damages occur and shall be
completed within four years of such date of the damage occurring.
Failure to comply within these time limits shall require the rebuilding
and use to be conforming in all respects. If, however, any such building
or structure shall be destroyed in the manner aforesaid to an extent
exceeding 50% of either the true value or cubical contents of the
whole building or structure at the time of such destruction, then
the same may only be reconstructed and thereafter used in such a manner
as to conform to all the requirements, terms and conditions of this
ordinance.
Nothing in this ordinance shall prevent the restoration continuance
of a non-conforming building or structure which is non-conforming
because it fails to comply with any height, area, yard, off-street
parking or other like requirements of this ordinance, and which is
partially destroyed by fire, explosion, act of God, or of any public
enemy, or the like; provided, however, that any restoration of any
such building or structure shall not enlarge the previously existing
non-conformance.
The prospective purchaser, prospective mortgagee, or any other
person interested in any land upon which a non-conforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure non-conforming. The applicant
shall have the burden of proof. Application pursuant hereto may be
made to the Zoning Official within one year of the adoption of the
ordinance which rendered the use or structure non-conforming or at
any time to the 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 N.J.S.A.
54:5-15. The fees collected by the official shall be paid by him to
the Town. Denial by the Zoning Official shall be appealable to the
Board of Adjustment. Section 59 through 62 of P.L. 1979, c. 291 (C.
40:55D-72 to C.40:55D-75) shall apply to applications or appeals to
the Board of Adjustment.
