See § 400-8B.
A use, building or structure, lawfully in existence
at the effective day of this chapter, which shall be made nonconforming
at the passage of this chapter may be continued except as otherwise
provided in this article.
A.
No existing building or premises devoted to a nonconforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use, or as follows:
(1)
Restoration. Any nonconforming use or structure damaged
by fire, casualty or act of God may be repaired, restored, reconstructed
or used as before, provided that the floor area of such use or structure
shall not exceed the floor area which existed prior to such damage.
All repairs shall be commenced within one year after damage occurs
and shall be completed within two years of such date or such use shall
not be rebuilt except as a conforming use. Where the fire, casualty,
or act of God requires an applicant to replace the existing foundation
and where the previous location was a clear and imminent threat to
the occupants of the structure, the traveling public, or adjacent
residents and neighbors, the Planning Board may require that the restored
structure be relocated or rebuilt to reduce the clear and imminent
danger, if possible.
(2)
Repairs. Normal maintenance and repair of a structure
containing a nonconforming use is permitted, provided it does not
extend the area or volume of space occupied by the nonconforming use
and does not increase the number of dwelling units.
(3)
Change of a nonconforming use. The change of any nonconforming
use for any period of time shall be considered an abandonment of the
nonconforming use, and such nonconforming use shall not thereafter
be revived.
B.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe or lawful condition any part of any building
or structure declared unsafe or unlawful by the Construction Official
or other authorized state or Township official.
[Added by Ord. No. 2002-12; amended 12-6-2017 by Ord. No. 2017-07]
Any existing nonconforming single-family detached
dwelling which exists as of the enactment of this chapter may be expanded,
without violating this chapter, and without requiring a variance,
where the lot on which the dwelling is located meets all applicable
lot area, lot frontage, and lot width requirements of the zone, and
where the proposed expansion meets all applicable yard requirements,
and will not otherwise increase or expand the nonconformity of the
existing dwelling. A variance will not be required in the case where
a new roof to replace an existing roof on an existing single-family
detached dwelling, where the height of the proposed new roof will
comply with the height requirements for the zone, will not increase
or otherwise alter the existing building envelope of the dwelling,
and where no additional living space is proposed.
[Added by Ord. No. 2002-12; amended 12-6-2017 by Ord. No. 2017-08]
An addition to a single-family detached dwelling
may be erected on a lot which does not meet the applicable lot area
requirement, without violating this chapter and without requiring
a variance, where both the existing dwelling and the proposed addition
to the dwelling meet all applicable yard requirements for the zone,
and the only nonconformity is the deficiency in lot area. A variance
will not be required in the case where a new roof to replace an existing
roof on an existing single-family detached dwelling, where the height
of the proposed new roof will comply with the height requirements
for the zone, will not increase or otherwise alter the existing building
envelope of the dwelling, and where no additional living space is
proposed.
