[Ord. No. 779 § 16.601; Ord. No. 2013-02 § 26-601]
a.
Any mapped plot, consisting of one or more lots with common ownership
of record as of April 17, 1953, and delineated on a presently filed
or approved map and not complying with the minimum requirements as
to area and width in the Limiting Schedule, but nevertheless having
an area of not less than 10,000 square feet, and a lot width of not
less than 100 feet may, notwithstanding such fact, be improved with
a structure in accordance with the other provisions of this chapter,
provided the owner owns no vacant adjacent land that can be used in
combination with the plot in question; and further provided that the
plot shall have a minimum depth of 100 feet and that each of the two
main axes of the plot shall be a minimum of 100 feet in length.
b.
Inasmuch as the pre-existing zoning Ordinance of the Borough was
amended on September 10, 1948, changing the minimum frontage from
75 feet to 100 feet and the minimum area from 7,500 square feet to
10,000 square feet, all improved properties that were conforming prior
to that amendment shall be regarded as conforming for the purpose
of alterations or additions as if located on plots conforming to the
terms of this chapter.
[Ord. No. 779 § 16.601]
c.
Inasmuch as this most recent set of zoning ordinance revisions was
amended on March 12, 2013, changing the minimum lot size of those
lots included in the newly created Residence Zone E from 15,000 square
feet to 25,000 square feet, all improved properties that were conforming
prior to that amendment shall be regarded as conforming for the purpose
of alterations or additions as if located on plots conforming to the
terms of this chapter.
[Ord. No, 779 § 16.606; Ord. No. 2013-02 § 26-602.1]
a.
There shall be no restrictions on the height of a house of worship
spire or house of worship belfry; or a dome, cupola or tower of a
public structure, or similar part of a structure except that no part
of any structure erected to a height in excess of the height limit
for the district in which it is situated shall:
b.
A parapet wall or railing may be permitted to exceed by not more
than four feet the height limits specified for the zone district within
which the structure is located.
[Ord. No. 779 § 16.602.2; Ord. No. 878 § 6; Ord. No. 2013-02 § 26-602.2]
a.
Where an existing single family residential structure violates one
or more of the setback requirements specified for the zone district
within which the structure is located, but does not violate building
or pavement coverage requirements, an accessory structure or an addition
to the principal or accessory structure may be constructed without
variance approval provided the proposed construction does not extend
or increase any existing nonconformity and further provided that the
existing principal structure provides at least 50% of each of the
required setbacks.
b.
Open or lattice enclosed stairways projecting not more than five
feet into a yard and the ordinary projections of chimneys, roof overhang,
pilasters and bay windows may be constructed without a variance provided
that the Construction Code Enforcement Official determines that their
placement will not obstruct light and ventilation.
[Ord. No. 779 § 16.603.1; Ord. No. 2013-02 § 26-603.1]
Any use, structure or lot not meeting any particular requirement
of this chapter as of the effective date of this chapter shall be
deemed to be nonconforming.[1]
[Ord. No. 779 § 16.603.2; Ord. No. 2013-02 § 26-603.2]
a.
Any nonconforming use or structure lawfully existing at the time
of the passage of an ordinance may be continued upon the lot or in
the structure so occupied and any such structure may be restored or
repaired in the event of partial destruction thereof.
b.
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
that 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 that 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. 54:15-14
and N.J.S.A. 54:5-15. The fees collected by the Administrative Officer
shall be paid by him to the Borough. Denial by the Administrative
Officer shall be appealable to the Board of Adjustment. Sections 59
through 62 of the Municipal Land Use Law (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.
[Ord. No. 779 § 16.603; Ord. No. 2013-02 § 26-603.3]
The right to continue a nonconforming use shall exist as long
as the use has not been abandoned.
[Ord. No. 779 § 16.603.4; Ord. No. 2013-02 § 26-603.4]
Any nonconforming structure or any nonconforming use of a structure
that has been destroyed by fire, explosion, flood, wind, storm, or
other act of God shall be considered partially destroyed if the cost
of restoration equals 1/2 or less than 1/2 of the estimated true valuation
of the structure as determined by the Borough Tax Assessor and such
partially destroyed structure or use may be rebuilt, restored or repaired.
If the damage is greater than above outlined, the use or structure
shall be considered completely destroyed and shall not be rebuilt,
restored or repaired unless in conformity with the use and bulk requirements
of this chapter.
[Ord. No. 779 § 16.603.5; Ord. No. 2013-02 § 26-603.5]
Such repairs and maintenance work as required to keep a structure
in sound condition may be made to a nonconforming structure provided
no structural alterations shall be made except those required by law.
[1]
Editor's Note: Former subsection 26-603.6, Nonconforming Lots,
previously codified herein and containing portions of Ordinance No.
779, was repealed in its entirety by Ordinance No. 878.
