Prior to the hearing on adoption of a Zoning Ordinance or any
amendments thereto, the governing body shall refer the proposed ordinance
or amendments to the Planning Board pursuant to N.J.S.A. 40:55D-26.
Notice of hearings to be held pursuant to this section shall
state the date, time and place of the hearing and the nature of the
matters to be considered. Any notice by certified mail pursuant to
this section shall be deemed complete upon mailing.
Notice by personal service or certified mail shall be made to
the Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a zoning regulation involving property situated
within 200 feet of such adjoining municipality at least 10 days prior
to the date of any such hearing.
Notice by personal service or certified mail shall be made to
the County Planning Board of all hearings on the adoption, revision
or amendment of any Zoning Ordinance at least 10 days prior to the
date of the hearing. Any notice provided herein shall include a copy
of the proposed Zoning Ordinance or any proposed revision or amendment
thereto.
A Zoning Ordinance may provide for conditional uses to be granted
by the Planning Board according to standards which shall be clearly
set forth with sufficient certainty to guide the Planning Board and
developers in determining whether the proposed conditional use is
suitable for the particular site.
"Nonconforming uses and structures" are uses or structures which
do not conform with current zoning regulations, but whose continued
existence is statutorily protected by virtue of having been lawful
when first established. This statutory protection includes the right
to repair or rebuild in the event of partial destruction, but does
not include the right to enlarge a nonconforming structure or expand
or intensify a nonconforming use.
A. Variances required if nonconforming use is changed or enlarged. An
existing nonconforming use will be permitted to continue only if it
is a continuance of substantially the same kind of use as that to
which the premises were devoted at the time of the passage of the
Zoning Ordinance. In that regard, nonconforming uses may not be changed
or enlarged except where the change or enlargement is so negligible
that it does not warrant administrative review. An owner desiring
to change or expand a nonconforming use shall seek a variance pursuant
to N.J.S.A. 40:55D-70(d)(2) of the Municipal Land Use Law.
B. Destruction of nonconforming uses and structures. The statutory protection
of nonconforming uses and structures includes the right to repair
or rebuild a nonconforming use or structure in the event of the partial
destruction thereof. The case law interpreting the statutory reference
to "partial destruction" does not allow rebuilding in every situation
where the structure has not been destroyed.
C. Abandonment of use. The protection of the nonconforming use status
shall be lost by abandonment of the nonconforming use. However, the
mere cessation of the nonconforming use, in and of itself, does not
result in the loss of the protected nonconforming use status. A cessation
of use and an overt act or failure to act shall evidence an intent
by the owner to abandon the use.
(1) An example of a cessation of use and an overt act evidencing an intent
to abandon occurs when the owner of a structure changes a nonconforming
use to a conforming use. Once that occurs, the owner has no right
to resume the prior nonconforming use.
(2) An example of a cessation of use and a failure to act evidencing
an intent to abandon occurs when the owner of a structure ceases to
use it and fails to maintain the structure allowing it to fall into
a state of disrepair.