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.
A. 
The Construction Official and Zoning Officer shall review and approve the plans for the handicapped ramp, evaluate the impact of the structure on the surrounding properties and use their discretion to determine whether alternate means of handicapped access may be appropriate.
B. 
Handicapped ramps may be exempt from variance relieve from setback and lot coverage requirements, application fees may be waived for single family detached and two-family dwellings, and site plan approval may be waived for commercial structures, provided that:
(1) 
For single-family dwellings and two-family dwellings:
(a) 
Verification of individual handicap must be provided.
(b) 
The structure must be removed once the need for handicapped access is void.
(c) 
A current survey must be submitted.
(d) 
A sketch of the structure must be submitted.
(e) 
HPC review committee approval must be obtained for structures in the historic district.
(2) 
For commercial structures:
(a) 
A sealed survey and architectural plans must be submitted.
(b) 
HPC approval must be obtained in the primary and historic districts.
(c) 
All handicapped ramps are subject to the following:
[1] 
No structure shall encroach within five feet of the front property line.
[2] 
No handicapped ramp may be constructed within six inches of a property line.
[3] 
In order to preserve the aesthetic value of existing buildings, especially those in historic districts, proposed handicapped ramps for existing buildings should, whenever possible, be constructed on the side or rear facades of the buildings.