[Amended 5-17-2021 by Ord. No. 21-09]
A. Except as otherwise provided in this article, the lawful use of land
or buildings existing at the date of the adoption of this chapter
may be continued upon the lot or in the structure so occupied, although
such use of buildings does not conform to the regulations specified
by this chapter for the zone in which such land or building is located.
B. No nonconforming lot shall be further reduced in size.
C. No lawfully preexisting nonconforming use shall be expanded, and
no lawfully preexisting nonconforming building shall be enlarged,
extended or increased in size unless such enlargement, extension or
increase, including new level additions that fit on top of the existing
footprint, complies with all requirements of the zoning district in
which the building is located.
D. A lawfully existing lot which does not meet the minimum required
lot area, lot width, or lot depth may be redeveloped with a single-family
dwelling without the need for a variance, provided that:
(1)
The lot is located in a residential zone where a single-family
use is permitted;
(2)
The lot is or was improved with a single-family or two-family
dwelling; and
(3)
The proposed improvement meets all zoning requirements of the
zoning district in which the lot is located.
[Amended 11-6-2006 by Ord. No. 06-27; 5-17-2021 by Ord. No. 21-09]
A. A nonconforming use shall be adjudged as abandoned when the concurrence
of the following two factors exists:
(1)
There is an overt act or failure to act which carries a sufficient
implication that the owner neither claims nor retains any interest
in the subject matter of the abandonment; and
(2)
There is an intention to abandon.
B. Any nonconforming use which was abandoned shall be terminated, and
no such use or structure shall thereafter be reinstated or reoccupied
except in conformance with the requirements of this chapter.
[Amended 5-17-2021 by Ord. No. 21-09]
A. The right to renovate or rebuild a legally nonconforming use, building
or structure which is damaged, whether by design, accident or disaster,
shall be determined by the extent of damage to the building or structure,
and shall be classified as either a "total destruction" or a "partial
destruction" by the Construction Official in consultation with the
Zoning Officer and utilize the following standards:
(1)
In order to determine that the building or structure is a partial
destruction which would allow for renovation, the entirety of the
footings and foundation, and a minimum of two-thirds of the wall area
of two distinct load-bearing exterior walls shall be found to be structurally
sound, and shall also be incorporated into the construction plans
for the renovation of the building or structure.
(2)
The property owner may submit certification from an architect
licensed in the State of New Jersey to support the position that the
footings, foundation and building walls meet the criteria specified
above to qualify the building as a partial destruction.
(3)
The removal of a building, except for its foundation and footing,
shall constitute a total destruction of the nonconforming building,
and shall terminate the nonconforming use.
(4)
If a particular principal building by itself does not constitute
the entire use, and is rather part of an overall nonconforming use
that consists of several buildings, the total destruction of such
single principal building shall not prohibit the building from being
restored.
(5)
For multi-use buildings containing nonconforming uses, the determination
of whether the nonconforming use is total or partial destruction shall
be based on the damage to the portion of the structure containing
such use rather than the whole building's condition.
B. Total destruction of the nonconforming use, building or structure
shall terminate any rights previously existing relative to its legally
nonconforming status, and said building or structure shall not be
renovated or rebuilt unless it complies with the provisions of this
chapter.
C. The minimum amount of all building components utilized as part of
a building deemed partial destruction, including those identified
footings, foundations, and structural building walls, shall be incorporated
into the renovation plans for the building or structure and no construction
permit shall be issued which fails to incorporate such components.
D. With respect to destruction of nonresidential structures and uses,
in the event of partial destruction, no unsafe, unhealthy, or blighted
condition shall be perpetuated, and a site plan review may be required
by the Zoning Officer.
E. Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any wall, roof or floor 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.
[Amended 5-17-2021 by Ord. No. 21-09]
A building that contains a lawfully preexisting nonconforming
use may not be reconstructed or structurally altered as to allow the
use of the building to expand, unless said building is changed to
a conforming use.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.