Township of North Brunswick, NJ Article XXX Nonconforming Uses

[Amended 2-4-1985]

§ 205-125 Continuance.

[Amended 5-17-2021 by Ord. No. 21-09]

A. Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued upon the lot or in the structure so occupied, although such use of buildings does not conform to the regulations specified by this chapter for the zone in which such land or building is located.

B. No nonconforming lot shall be further reduced in size.

C. No lawfully preexisting nonconforming use shall be expanded, and no lawfully preexisting nonconforming building shall be enlarged, extended or increased in size unless such enlargement, extension or increase, including new level additions that fit on top of the existing footprint, complies with all requirements of the zoning district in which the building is located.

D. A lawfully existing lot which does not meet the minimum required lot area, lot width, or lot depth may be redeveloped with a single-family dwelling without the need for a variance, provided that:

(1) The lot is located in a residential zone where a single-family use is permitted;

(2) The lot is or was improved with a single-family or two-family dwelling; and

(3) The proposed improvement meets all zoning requirements of the zoning district in which the lot is located.

§ 205-126 Abandonment.

[Amended 11-6-2006 by Ord. No. 06-27; 5-17-2021 by Ord. No. 21-09]

A. A nonconforming use shall be adjudged as abandoned when the concurrence of the following two factors exists:

(1) There is an overt act or failure to act which carries a sufficient implication that the owner neither claims nor retains any interest in the subject matter of the abandonment; and

(2) There is an intention to abandon.

B. Any nonconforming use which was abandoned shall be terminated, and no such use or structure shall thereafter be reinstated or reoccupied except in conformance with the requirements of this chapter.

§ 205-127 Total destruction and partial destruction of nonconforming uses, buildings and structures.

[Amended 5-17-2021 by Ord. No. 21-09]

A. The right to renovate or rebuild a legally nonconforming use, building or structure which is damaged, whether by design, accident or disaster, shall be determined by the extent of damage to the building or structure, and shall be classified as either a "total destruction" or a "partial destruction" by the Construction Official in consultation with the Zoning Officer and utilize the following standards:

(1) In order to determine that the building or structure is a partial destruction which would allow for renovation, the entirety of the footings and foundation, and a minimum of two-thirds of the wall area of two distinct load-bearing exterior walls shall be found to be structurally sound, and shall also be incorporated into the construction plans for the renovation of the building or structure.

(2) The property owner may submit certification from an architect licensed in the State of New Jersey to support the position that the footings, foundation and building walls meet the criteria specified above to qualify the building as a partial destruction.

(3) The removal of a building, except for its foundation and footing, shall constitute a total destruction of the nonconforming building, and shall terminate the nonconforming use.

(4) If a particular principal building by itself does not constitute the entire use, and is rather part of an overall nonconforming use that consists of several buildings, the total destruction of such single principal building shall not prohibit the building from being restored.

(5) For multi-use buildings containing nonconforming uses, the determination of whether the nonconforming use is total or partial destruction shall be based on the damage to the portion of the structure containing such use rather than the whole building's condition.

B. Total destruction of the nonconforming use, building or structure shall terminate any rights previously existing relative to its legally nonconforming status, and said building or structure shall not be renovated or rebuilt unless it complies with the provisions of this chapter.

C. The minimum amount of all building components utilized as part of a building deemed partial destruction, including those identified footings, foundations, and structural building walls, shall be incorporated into the renovation plans for the building or structure and no construction permit shall be issued which fails to incorporate such components.

D. With respect to destruction of nonresidential structures and uses, in the event of partial destruction, no unsafe, unhealthy, or blighted condition shall be perpetuated, and a site plan review may be required by the Zoning Officer.

E. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, roof or floor which has been declared unsafe by the Construction Official.

§ 205-128 Reversion.

No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.

§ 205-129 Alterations.

[Amended 5-17-2021 by Ord. No. 21-09]

A building that contains a lawfully preexisting nonconforming use may not be reconstructed or structurally altered as to allow the use of the building to expand, unless said building is changed to a conforming use.

§ 205-130 (Reserved) [1]

[1] Editor's Note: Former § 205-130, Effect on prior approvals, was repealed 5-17-2021 by Ord. No. 21-09.

§ 205-131 District boundary changes.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.