A use, building or structure lawfully in existence
at the effective date of this chapter which shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto
may be continued except as otherwise provided in this section.
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 when required to do so by law, or as allowed in § 190-72.
Any nonconforming use or structure partially damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. Cessation of use or failure to diligently prosecute the rebuilding of a partially destroyed building or structure for a period of 12 consecutive months shall be interpreted as a rebuttable presumption of the intention to abandon such nonconforming use or structure, and it shall be the burden of the applicant or party supporting the preexisting nonconforming use or structure to demonstrate to the Board of Adjustment that the use or structure was not abandoned under both the objective and subjective tests of New Jersey case law. In the event total destruction occurs, then the provisions of § 190-68 shall apply.
When a nonconforming structure or use is destroyed
or damaged by fire or other casualty or an act of God beyond repair,
the nonconforming structure or use shall thereupon be terminated.
Normal maintenance or repair of the nonconforming
structure or use is permitted, provided it does not extend or expand
the nonconformance.
A nonconforming use which has been terminated
or abandoned shall not thereafter be revived. A change of use to a
conforming use shall be considered a termination of the nonconforming
use, and such nonconforming use shall not thereafter be revived.
A.
Any nonconforming structure or use lawfully under
construction on the effective date of this chapter pursuant to plans
filed with the Construction Official and approved by him and all other
municipal boards and agencies as required under law may be completed
and may be used for the nonconforming use for which it was designed
to the same extent as if such building had been completed and was
in use on the effective date of this chapter.
B.
The Township Clerk is directed to give notice at least
10 days prior to the hearing on the adoption of this section to the
County Planning Board and to all others entitled thereto pursuant
to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this
section after public hearing thereon, the Township Clerk is further
directed to publish notice of the passage thereof and file a copy
of this section as finally adopted with the Sussex County Planning
Board as required by N.J.S.A. 40:55D-16.
A nonconforming use or structure may be expanded to provide additional living space in accordance with § 190-27.
A.
The prospective purchaser, prospective mortgagee,
or any other person interested in any land upon which a nonconforming
use or structure exists may apply in writing for the issuance of a
certificate stating that the use or structure existed before the adoption
of the ordinance which rendered the use or structure nonconforming.
B.
Application pursuant hereto may be made to the Zoning
Officer within one year of the adoption of the ordinance which rendered
the use or structure nonconforming or at any time to the Zoning Board
of Adjustment.
C.
Such application shall contain the name and address
of the applicant, the nonconforming use so operated, the date on which
the use commenced, the tax lot and block number of its location, any
buildings or structures in which such use is contained or which are
necessary for the operation of such use, the numbers and types of
equipment and/or vehicles utilized in the operation of said use and
the time period during which the use was conducted.
D.
The applicant shall have the burden of proof as to
all matters alleged. Where application is to the Zoning Officer, it
shall be in the form of an affidavit and shall be notarized. Where
application is made to the Zoning Board of Adjustment, the application
shall be processed as in the case of all other applications to said
Board. Notice of such application shall be given in accordance with
the provisions of N.J.S.A. 40:55D-12.
E.
If the Zoning Officer fails or refuses to issue a
certificate, he shall notify the applicant in writing as to the reasons
therefor within 45 days from the date of application. Such denial
may be appealed to the Zoning Board of Adjustment in accordance with
the provisions of N.J.S.A. 40:55D-72, notice of which shall be given
in accordance with N.J.S.A. 40:55D-12.
