[1969 Code § 75-111; Ord. No. 591; Ord. No. 738]
All uses and activities shall fully comply with the following.
[1969 Code § 75-112; Ord. No. 591; Ord. No. 738]
As a condition to the development or continuance of any building,
process, installation, production or other use in any commercial or
industrial zone, the applicant shall supply evidence, satisfactory
to the Planning Board or to its designated representative, that the
proposed use will conform fully with all of the applicable performance
standards of the New Jersey Department of Environmental Protection.
As evidence of compliance, the Board may require certification of
tests by appropriate government agencies or by recognized testing
laboratories, any cost thereof to be borne by the applicant. The Planning
Board may require that specific devices be installed and that operating
procedures be followed if government agencies or testing laboratories
determine that the use requires such in order to assure compliance
with performance standards.
[1969 Code § 75-113; Ord. No. 591; Ord. No. 738]
Except as otherwise provided in this section, the lawful use
of land or buildings 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.
[1969 Code § 75-114; Ord. No. 591; Ord. No. 738]
A nonconforming use shall be adjudged as abandoned when there
occurs a cessation of any such use or activity by an apparent act
or failure to act 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.
[1969 Code § 75-115; Ord. No. 591; Ord. No. 738]
If any nonconforming building shall be destroyed 50% or more
by reason of windstorm, fire, explosion or other act of God or the
public enemy, then such destruction shall be deemed complete destruction
and the structure may not be rebuilt, restored or repaired except
in conformity with the regulations of this chapter. Nothing in this
chapter shall prevent the strengthening or restoring to a safe condition
any wall, floor or roof which has been declared unsafe by the Construction
Official.
[1969 Code § 75-116; Ord. No. 591; Ord. No. 738]
No nonconforming use shall, if once changed into a conforming
use, be changed back into a nonconforming use.
[1969 Code § 75-117; Ord. No. 591; Ord. No. 738]
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 recorded true value as appraised in the records of the
Tax Assessor of the building, unless the building is changed to a
building conforming to the requirements of this chapter.
[1969 Code § 75-125; Ord. No. 591; Ord. No. 738; Ord. No. 93-61 § VII; Ord. No. 97-08 § 5]
At any time within one year after the adoption of any amendment
which renders a use or structure nonconforming, an owner or prospective
purchaser, prospective mortgagee, or any other person interested in
any land upon which a nonconforming use or structure exists may apply
in writing to the Zoning Officer 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 nonconforming. The
applicant shall have the burden of proof. The application for such
certificate shall be in such form as the Zoning Officer shall prescribe,
shall describe the lands and premises, shall state the exact nature
of each nonconforming use when it commenced and whether it has continued
without interruption to the effective date of this chapter, and shall
be signed and sworn to by the owner. If satisfied that any nonconforming
use was legally in existence prior to the effective date of this chapter
and was continued to that date, the Zoning Officer shall issue his
certificate that, on the effective date of this chapter, the lands
and premises, to be particularly described in the certificate, were
devoted to each nonconforming use set forth in the application and
found to have legally existed, particularly describing the nature
and extent thereof. In any proceeding in which existence or nonexistence
of the nonconforming use on the effective date of this chapter is
in issue, the certificate of the Zoning Officer issued thereunder
shall be prima facie evidence of its existence.
[1969 Code § 76-126; Ord. No. 591; Ord. No. 738; Ord. No. 97-08 § 3]
The fee for a Certificate of Nonconforming Use shall be $15.
