Any nonconforming use or structure existing at the time of the
passage of this chapter 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 to the extent permitted by
law.
Any building or structure or portion thereof declared unsafe by the Construction Official must be restored to a safe condition or removed. The Construction Official shall notify the owner of an unsafe building or structure advising of necessary work to be done. A period of 30 days from the date of such notice shall be deemed a reasonable period to return the building or structure to a safe condition, or to arrange for its removal. Failure to comply within this period shall constitute a violation of this chapter, subject to §
525-84.
Whenever a nonconforming use has been discontinued for a period
of one year, such discontinuance of use shall be prima facie evidence
that the nonconforming use has been abandoned. Any such abandoned
nonconforming use shall not be subsequently reestablished, and any
future use shall be in conformity with the provisions of this chapter.
Once changed to a conforming use, no building or land shall
be permitted to revert to a nonconforming use.
Any expansion of a nonconforming use is prohibited unless a
variance has been granted by the Zoning Board of Adjustment.
[Amended 11-21-17 by Ord. No. 337-2017]
A. Raising a portion of or an entire structure to meet the minimum flood
standards of the City of Cape May shall be permitted without the need
for variance relief; provided that the structure shall not be otherwise
expanded or relocated; further provided that no variance relief shall
be required for the construction of stairs necessitated by the increased
height of any building hereunder. For the avoidance of any doubt,
no variance relief shall be required for a raising that also proposes
expansion, modification, and/or relocation if the end result of the
proposed change(s) is a plan for development that fully conforms with
the code requirements in effect at the time of the application and
provided the applicant provides confirmation of the same through an
as-built survey.
[Amended 4-18-2023 by Ord. No. 492-2023]
B. Nonconforming lots with conforming existing structures. Structural
expansions and/or alterations or demolition of existing structures
and new construction may be made to conforming existing structures
situated on existing nonconforming lots without regard to lot size,
lot width or lot frontage requirements; provided that the expansion
or alteration or new construction meets all of the other area and
bulk regulations of the zoning district.
C. Nonconforming structures on conforming lots. Structural expansions
and/or alterations may be made to nonconforming structures situated
on conforming lots; provided that the expansion or alteration does
not create any nonconformity nor extend or expand any existing nonconformity,
whether vertically or horizontally, and meets all of the other area
and bulk regulations of the zoning district.
D. Nonconforming structures on nonconforming lots. Structural expansions
and/or alterations or demolition of existing structures and new construction
may be made to nonconforming structures located on existing nonconforming
lots without regard to lot size, lot width or lot frontage requirements;
provided that the expansion or alteration or new construction does
not create any nonconformity nor extend or expand any existing nonconformity,
whether vertically or horizontally, and meets all of the other area
and bulk regulations of the zoning district.
E. Zoning review. In the event that any documentation exists that any such nonconformity as outlined in Subsection
B,
C and/or
D above was originally the result of variance relief from either the Cape May City Planning Board or Zoning Board, then any further expansion of the structure (whether or not expanding the nonconforming portion) shall not be permitted without approvals from either the Planning Board or Zoning Board, whichever is applicable.
F. If there is an existing nonconforming structure on a nonconforming lot for which there is no evidence of a variance having been granted to permit such structure, and the applicant for development can demonstrate to the satisfaction of zoning officer the nonconforming structure has existed in the same condition for a period of 20 years, and the building inspector is not aware or made aware of any notice of violation or other legal order having been previously issued for its removal or abatement, then the structure will be deemed a Nonconforming structure on a conforming lot and proceed under Subsection
(c) above.