[Ord. No. 643; readopted
by Ord. No. 2020-1235]
Except as otherwise provided in this Article, the lawful use
of land or buildings existing at the date of the adoption of this
Ordinance may be continued even if such use of land or building does
not conform to the regulations specified by this Ordinance, provided,
however:
That no nonconforming lot shall be further reduced in size.
That no nonconforming building shall be enlarged, extended or increased, unless such enlargement would tend to reduce the degree of nonconformance, and except as provided in subsection §
31-501.4 hereof.
That no nonconforming use may be expanded.
That any single-family dwelling house which is in existence
on the effective date of this Ordinance, but which has been rendered
nonconforming by this Ordinance, either by reason or area or use,
may be extended upon the same lot and may be altered, provided that
the yard requirements of the S-50 Residential District are met, and
accessory buildings to such an existing single-family dwelling house
may be constructed on the same lot to the extent that such buildings
are permitted in the S-50 Residential District.
That the limitations imposed by this Ordinance shall not prohibit
the extension, enlargement, alteration, remodeling, repairing, or
modernization of any dwelling, nor the construction, extension, enlargement,
alteration, remodeling, repairing or modernization of a permitted
building or structure accessory thereto in any Residential District
existing at the effective date of this Ordinance which conforms to
the Ordinance immediately superseded hereby, but which dwelling does
not strictly conform to the requirements of this Ordinance, provided,
however, that such extension, enlargement, alteration, remodeling,
repairing, or modernization of such dwelling, or such construction,
enlargement, alteration, remodeling, repairing, or modernization of
such permitted accessory building or structure, as the case may be,
does not itself create a violation of any of the provisions of this
Ordinance, and provided, further, that no additional families or dwelling
units are occasioned thereby.
If a nonconforming use of a building or land is abandoned, subsequent
use of such building or land shall be in conformity with the provisions
of this Ordinance.
A nonconforming use or structure existing at the effective date
of this Ordinance may be restored or repaired in the event of partial
destruction thereof.
Nothing in this Ordinance shall prevent strengthening or restoring
to a safe condition any wall, floor, or roof which has been declared
unsafe by the Construction Official.
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
Buildings may be erected on lots shown upon a subdivision plan
at the effective date of this Ordinance, which are not of the required
minimum area or width or on which the required open spaces cannot
be easily provided, if such lots are included in a land subdivision
and development plan which was either duly approved under the Municipal
Planning Act of 1953, prior to the effective date of this Ordinance
but subsequent to January 1, 1954, or which plan of subdivision was
granted tentative approval under said Act prior to the effective date
of this Ordinance but subsequent to January 1, 1954, and granted final
approval after the effective date of this Ordinance but within three
years from the date of such tentative approval.
Any parcel of land with an area or width less than that prescribed
for a lot in the district in which such lot is located which parcel
was under one ownership at the date of the adoption of this Ordinance
and the owner thereof owns no adjoining land may be used as a lot
for any purpose permitted in the district provided that all other
regulations prescribed for the district by this Ordinance are compiled
with, and further provided that no lot of less than 5,000 square feet
in area or less than fifth (50) feet of frontage shall be so used.
Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a construction
permit has been heretofore issued and the construction of which shall
have been diligently prosecuted within three months of the date of
such permit, and the ground story framework of which, including the
second tier of beams, has been completed within six months of the
date of the permit, and which entire building shall be completed according
to such plans as filed within one year from the effective date of
this Ordinance.
Except as otherwise herein provided, a nonconforming building
may be altered but not enlarged or extended, unless said building
is changed to a building conforming or more nearly conforming to the
requirements of this Ordinance.
Nothing in this Ordinance shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this Ordinance.
The following procedure is to be followed where an owner of
a building or use not in conformity with the provisions of this Ordinance
seeks to establish that said building and/or use is a valid nonconforming
building or use as defined in this Ordinance.
The owner or other party in interest shall apply to the Zoning
Officer for a Zoning Certificate certifying that said building and/or
use is a valid nonconforming building and/or use under the terms of
this Ordinance. Accompanying said application, said applicant shall
submit proofs by affidavit that said building and/or use, as the case
may be, was a valid lawful use under the Ordinance superseded hereby,
or was then a valid nonconforming use or building by reason of having
pre-existed said ordinance superseded hereby. Copies of any documents,
such as leases, surveys, contracts, and the like, certified as true
copies by persons having knowledge thereof, shall also be submitted
and the proofs shall be as detailed as possible and shall set forth,
to the extent possible, the facts surrounding the date of establishment
or construction of the use or building, the exact location thereof,
and the extent or intensity of any use thereon or therein.
The Zoning Officer, if he be satisfied that said proofs tend
to establish the existence of the valid nonconforming building or
use, issue the Zoning Certificate, which shall specifically set forth
any limitations established in connection with such nonconforming
building or use. The proofs shall remain on file as permanent records
of the Zoning Officer.
If the Zoning Officer, upon submission of the application and
proofs to him, does not find that they tend to establish the validity
thereof, then the application shall be denied and the applicant shall
have the right to appeal such decision to the Board of Adjustment.
(N.J.S.A. 40:55-D-70b)