[Ord. #585, § 404A]
a.
Any lawful nonconforming use which existed on the
date of adoption of this chapter may be continued upon the lot or
in the structure so occupied, provided that no nonconforming use which
has been changed to a conforming use shall thereafter be changed back
to a nonconforming use and no nonconforming use shall be changed to
another nonconforming use.
b.
Any structure containing a nonconforming use on the
date of adoption of this chapter shall not be enlarged unless the
use is changed to a conforming use.
c.
Any lot containing a nonconforming use on the date
of adoption of this chapter may be enlarged, providing that the land
area devoted to or occupied by the nonconforming use shall not be
extended or enlarged.
[Ord. #585, § 404B; Ord. #760,
§ 13; Ord. #1869, 5-9-2006, amended; Ord. #2000, § 1, 4-23-2008, amended]
a.
Any structure which meets the use requirements of
this article and is nonconforming because of any of the following:
lot area, width, frontage, height, FAR, coverage and/or yard regulations,
may be enlarged without an application to the Zoning Board of Adjustment
provided any nonconforming height, FAR or coverage are not made further
nonconforming by the enlargement. Any addition to a nonconforming
structure shall comply with all yard requirements.
b.
Any structure which meets the use requirements of
this article and is nonconforming because of any of the following:
lot area, width, frontage, height, FAR, coverage and/or yard regulations,
may be restored or repaired in the event of partial destruction thereof
without an application to the Zoning Board of Adjustment. For the
purposes of this section, if a structure is substantially totally
destroyed, then such destruction exceeds partial destruction and the
structure may not be restored or repaired except in accordance with
all current requirements of this chapter. In determining whether a
structure has been substantially totally destroyed, a factor for consideration
shall be (a) whether reconstruction (as defined in N.J.A.C. 5:23-6.3)
of the structure will be such that, given the extent and nature of
the work, the work area (as defined in N.J.A.C. 5:23-6.3) of the structure
cannot be occupied while the reconstruction work is in progress; and
(b) whether a new certificate of occupancy is required before the
work area can be reoccupied.
[Ord. #585, § 404C]
Repairs and maintenance work required to keep
a structure in sound condition may be made to a nonconforming structure
or to a structure containing a nonconforming use.
[1]
Editor's Note: Former Subsection 21-11.4,
Replacement of Nonconforming Uses, (Ord. #1103, § 17) was
repealed by Ord. #2000, § 1, 4-23-2008.
