A. 
Authority to Continue.
Any use, structure, lot, site element, or sign that legally existed as of the effective date of this Ordinance, and any use, structure, lot, site element, or sign that has been made nonconforming as of the effective date of this Ordinance, or any subsequent amendments, may continue subject to the provisions of this Article.
B. 
Burden on Property Owner.
1. 
The burden of establishing the lawful existence of a nonconformity under the provisions of this Ordinance is the responsibility of the property owner or operator of the nonconforming use, structure, sign, site element, or lot. Based upon the evidence presented, the Zoning Officer will make a determination of the validity of the nonconforming status per the zoning determination process of § 315-13.11.
2. 
Any person wishing to object to the issuance of any certificate issued pursuant to N.J.S.A. 40:55D-68 attesting to the existence of a nonconforming use prior to the adoption of the ordinance which rendered the use nonconforming may make an appeal to the Zoning Board of Adjustment and shall have the initial burden of establishing a prima facia showing supporting the contention that the certificate was issued in error.
C. 
Unlawful.
Any use, structure, lot, site element, or sign established or constructed in violation of the prior Ordinance (prior to the effective date of the Ordinance) is not regarded as lawfully nonconforming and is not entitled to any of these rights.
D. 
Safety Regulations.
All police power regulations enacted to promote public health, safety, and welfare, including, but not limited to, all building, fire, and health codes apply to nonconformities.
A. 
Expansion.
A nonconforming use of a structure or land cannot be expanded, extended, enlarged, or increased in intensity. Such prohibited activity includes additions or enlargements of any structure devoted entirely to a nonconforming use, and any expansion, extension, or relocation of a nonconforming use to any other structure, any other portion of the floor area, or any land area currently not occupied by such nonconforming use.
B. 
Change of Use.
A nonconforming use can only be changed to a use allowed within the zoning district where it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that conforms cannot be changed back to a use that is not allowed in the district. A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of this Ordinance is deemed an abandonment of the previously existing nonconforming use.
C. 
Discontinuation or Abandonment.
If a nonconforming use is discontinued or abandoned for a continuous period of 18 months, the nonconforming use terminates automatically. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located. A period of discontinuance caused through no fault of the property owner or tenant is not included in calculating the length of discontinuance or abandonment for this section. When a nonconforming use is offered for sale or lease, such sale period is not included in calculating the length of discontinuance or abandonment for this section; however, all equipment, building design, and similar use infrastructure must be maintained in working condition during the sale or lease period. The Zoning Officer may request evidence of active marketing during this period.
D. 
Damage or Destruction.
In the event that any structure that is devoted in whole or in part to a nonconforming use is partially damaged or destroyed through no fault of the property owner or tenant, the nonconforming use may be re-established provided that no new nonconforming uses are created and the degree of the previous nonconformity is not increased, and a building permit is obtained for such rebuilding, restoration, repair, or reconstruction within 18 months of the date of damage or destruction, and a certificate of occupancy is obtained prior to expiration of the building permit. In the event that a building permit is not obtained within 12 months, then the use cannot be re-established. If the structure containing the nonconforming use is also a nonconforming structure, the structure may only be rebuilt, restored, repaired, or reconstructed in accordance with Section 16.3.
A. 
Maintenance.
Normal maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.
B. 
Structural Alterations.
No structural alterations are permitted on any nonconforming structure, except in the following situations:
1. 
When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety.
2. 
When the alteration will eliminate the nonconformity.
3. 
When the alteration will not create a new nonconformity and will not increase the degree of any existing nonconformity.
C. 
Relocation.
A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot only if the structure conforms to all regulations of the zoning district where it is relocated.
D. 
Damage or Destruction.
If a nonconforming structure is partially destroyed or damaged through no fault of the property owner or tenant, regardless of the percent of damage, it may be rebuilt to its original condition before such casualty or loss if a building permit is obtained for such rebuilding, restoration, repair, or reconstruction within 12 months of the date of damage or destruction, and a certificate of occupancy is obtained prior to expiration of the building permit. In the event that the building permit is not obtained within 12 months, or if it is expired, then the structure cannot be restored unless it conforms to all regulations of the district in which it is located. No additional nonconformities may be created as part of the rebuilding to the original condition.
E. 
Required Build-To Zone or Build-To Line Exemption.
As of the effective date of this Ordinance, when an existing structure does not conform to the required build-to zone or build-to line of the applicable district, the structure is deemed exempt from that standard and may be expanded or altered without having to conform to the build-to zone or build-to line of the district until the structure's building footprint is expanded by 50% or more. If expansions to the structure are incremental, this is calculated as the sum total of all expansions that occur after the effective date of this Ordinance. Once the principal structure is demolished, deemed conforming status is null and void.
A. 
Use.
A nonconforming lot of record may be used for use allowed within the zoning district.
B. 
Development.
Development of a nonconforming lot of record must meet all applicable dimensional and design regulations of the district in which it is located with the exception of the lot area and/or width requirement that renders it a nonconforming lot.
C. 
Lot Consolidation.
A nonconforming lot is permitted to consolidate with an adjacent lot, even if such consolidation still does not conform to the lot dimension requirements of the zoning district in which it is located. Such consolidation is seen as a reduction of the nonconformity.
A. 
Maintenance.
Normal maintenance and incidental repair to a nonconforming site element may be performed. However, no repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.
B. 
Required Conformance.
1. 
General.
All nonconforming site elements must be brought into conformance when the following occurs:
a. 
A new principal building is constructed on a site. This includes construction of a second or more principal buildings on the site.
b. 
An existing principal building is increased in building footprint square footage by 50% or more.
2. 
Nonconforming Parking Lot Landscape.
When a parking lot of 15 or more spaces does not conform to required parking lot landscape requirements, it must be brought into conformance when such parking lot is fully reconstructed or expanded by an additional 50% or more spaces (viz., the total number of spaces after expansion is 150% or more of the spaces prior to expansion).
a. 
Resealing or re-striping of an existing parking lot, which does not entail paving, resurfacing, or replacement of the asphalt, concrete, or other paving material, is not considered reconstruction.
b. 
If such action would result in creating a parking area that no longer conforms to the parking regulations of this Ordinance, such existing parking lot is not required to install all or a portion of the required landscape. The applicant is required to show that landscape cannot be accommodated on the site, which the Zoning Officer must verify.
3. 
Nonconforming Exterior Lighting.
For exterior lighting, when 25% or more of exterior lighting fixtures are replaced, all exterior lighting on the site must be brought into conformance. This requirement is calculated by dividing the number of new lighting posts and/or non-post mounted lighting fixtures to be installed by the total number of lighting posts and/or non-post mounted lighting fixtures on the site prior to replacement. Lighting mounting types (posts or non-post mounted lighting) are calculated separately (i.e., if only post lighting installation is being replaced, then only those types are counted, disregarding any non-post mounted lighting).
A. 
A nonconforming permanent sign and sign structure may remain in use so long as it remains otherwise lawful and has not been damaged or destroyed to the extent of less than 50% of its value. A nonconforming permanent sign and sign structure that is damaged or destroyed to the extent of 50% or more of its value cannot be restored or repaired unless it conforms to all applicable regulations for the district.
B. 
Sign value, for the purposes of item A above, is determined by comparing a repair cost estimate of the damaged sign with an estimate of the cost of a new identical sign. Sign owners must supply such estimates to the Zoning Officer.
C. 
Once the sign and/or sign structure has been removed, it cannot be restored or repaired unless it conforms to all applicable regulations for the district.
D. 
All temporary nonconforming signs must be removed or brought into conformance within 60 days of the effective date of this Ordinance.
E. 
The sign face of an existing nonconforming permanent sign may be replaced, but the structure cannot be altered to accommodate such change. A change of a sign face requires a sign permit.
F. 
No nonconforming sign and sign structure may be relocated, in whole or in part, to any other location on the same or other lot, unless the entire sign and sign structure conforms to all regulations applicable to the lot where the sign is relocated.
G. 
No nonconforming sign can be altered or enlarged in a way that increases the nonconformity of the sign or sign structure. This does not include normal maintenance and cleaning, or changing of the sign face.
H. 
Nonconforming billboards are considered nonconforming signs and subject to the standards of this section.
I. 
Certain signs, that could be considered nonconforming may be designated classic signs and are therefore subject to the provisions of § 315-12.10.