Any existing use which is not in conformity with the provisions
of this chapter at the time of enactment may be continued subject
to the following limitations:
A. Abandonment. If any nonconforming use is abandoned for a period of
more than twelve (12) consecutive months, any subsequent use shall
conform to the then current provisions of this chapter.
B. Enlargement of existing structure devoted to nonconforming use. Except
as set forth in this provision, an existing structure devoted to a
use not permitted by this chapter shall not be enlarge, extended,
constructed, reconstructed, or structurally altered in any way unless
same may be required for normal maintenance or to prevent damage or
injury. In a single instance after the passage of this chapter, a
single-family, detached residential dwelling may be enlarged through
construction or reconstruction to an extent not to exceed fifty percent
(50%) of its pre-existing size, provided said enlargement is limited
to residential use. Accessory structures shall not be considered when
applying this provision.
C. Reconstruction of existing structure devoted to a residential nonconforming use. In the event that a single-family, detached, residential dwelling within a zone in which such use is not permitted is destroyed or damaged by any means to an extent of more than fifty percent (50%) of its pre-existing size, that dwelling may be reconstructed provided that the replacement is limited to residential use, subject to the provisions of Subsection
B above.
D. Reconstruction of existing structure devoted to a nonresidential
nonconforming use prohibited. Except as set forth in this provision,
in the event that an existing structure devoted to a nonresidential
use not permitted by this chapter is destroyed or damaged by any means
to an extent of more than fifty percent (50%) of its pre-existing
size, that structure shall not be reconstructed.
E. Existing mobile homes. In the event a mobile home is replaced when
required by the appropriate Township official to protect the safety
of its occupants, the replacement mobile home may be larger than the
pre-existing mobile home to an extent not to exceed percent (50%)
of the size of the pre-existing mobile home, provided said enlargement
is limited to residential use and the lot involved accommodates supporting
infrastructure such as on-site wells, septic system and their required
setbacks.
F. Superseding permitted use. Any nonconforming use which is superseded by a permitted use shall thereafter conform to this chapter and the nonconforming use shall not thereafter be resumed. It is the intent of this Article to discourage the continuation of nonconforming uses except where they are residential in nature, unless said residential uses are abandoned per Subsection
A above.
Any existing structure which, by virtue of its size or position
on the land, is not in conformity with the provisions of this chapter
at the time of enactment may be continued subject to the following
limitations:
A. Abandonment. When the use of a nonconforming structure is abandoned
for twelve (12) consecutive months or for eighteen (18) months during
a three (3) year period, the structure shall not thereafter be used
except in conformance with the then current provisions of this chapter.
B. Enlargement of nonresidential structure. Except as otherwise set
forth in this provision, a nonresidential structure which, by reason
of restrictions on area, lot coverage, height, yard dimensions, or
other characteristics, could not be built under the terms of this
chapter, shall not be enlarge or altered in a way which increases
its nonconformity.
C. Reconstruction of existing nonresidential structure. Except as otherwise set forth in this provision, a nonresidential structure which, by reason of restrictions on area, lot coverage, height, yard dimensions, or other characteristics, could not be built under the terms of this chapter, shall not be reconstructed except in conformance with the then current provisions of this chapter if it is destroyed or damaged by any means to an extent of more than fifty percent (50%) of its pre-existing size. Any reconstruction of a nonconforming structure in residential use is subject to the provisions of Section
35-7.1B and
C.
D. Superseding permitted structure. Any nonconforming structure which is superseded or changed to a permitted structure shall thereafter conform to this chapter. It is the intent of this Article to discourage the continuation of nonconforming structures except where they are dedicated to pre-existing residential use, unless said residential uses are abandoned per Section
35-7.1A above.
[Section 35-7.4 amended by Ordinance No.
494]
Notwithstanding the use restrictions contained herein above in Section
35-7.1 and in Section 35- 8.10 of this chapter, any use existing on January 14, 1981 that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Articles
35-9 and
35-10, may be expanded or altered provided that:
A. The use was not abandoned or terminated subsequent to January 14,
1981,
B. The expansion or alteration of the use is in accordance with all
the minimum standards of this chapter, and
C. The area of expansion does not exceed fifty percent (50%) of the
floor area, the area of the use or the capacity of the use, whichever
is applicable, on January 14, 1981 or which was approved pursuant
to N.J.A.C. 7:50-4, Part v.