[1980 Code § 128-111; added by Ord. No. 1367]
A.
Any lawful use existing in any building or premises at the time of
the passage of this chapter and not conforming to the regulations
with regard to use for the district in which it is maintained may
be continued therein. No building or premises shall be enlarged or
extended for such use except upon the granting of approval therefor
by the Zoning Board of Adjustment.
B.
Nothing in this chapter shall prevent the restoration of a structure
partially destroyed by fire or otherwise subsequent to the passage
of this chapter or prevent the continuance of the use of a building
or part thereof existing at the time of such destruction. Nothing
in this chapter shall prevent the restoration of a wall, or any part
of a building, declared unsafe by the Construction Code Official.
C.
A 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 existed before the adoption of the ordinance
or amendment which rendered the use or structure nonconforming. The
applicant shall have the burden of proof. Application may be made
to the Borough Engineer within one (1) year of the adoption of the
ordinance or amendment which rendered the use or structure nonconforming
or at any time to the Board of Adjustment. The Borough Engineer shall
demand and receive for such certificate a fee of ten ($10) dollars.
The fees collected by the Borough Engineer shall be paid by him to
the Borough Treasurer. A denial by the Borough Engineer shall be appealable
to the Board of Adjustment N.J.S.A. 40:55D-72 to 40:55D-75 shall apply
to applications or appeals to the Board of Adjustment.
