Bellmawr City Zoning Code
ARTICLE XXII
Nonconforming Uses and Structures
§ 260-143 Existing nonconforming use and structures.
Any nonconforming use or structure existing on the effective date of this chapter may be continued upon the lot or structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.
§ 260-144 Replacement of nonconforming structures.
Any nonconforming building, structure, fence, wall or sign which has been damaged by fire, windstorm, explosion, flood or other causes to the extent of 75% of its value may be repaired, rebuilt or replaced only for a use in conformity with the uses permitted for the district in which it is located. This provision shall apply to the building or structure in question, regardless of the value of other buildings on the same lot or making up part of the same complex of buildings or structures.
§ 260-145 Abandonment.
Any prior nonconforming use, as previously defined, or any use authorized by the grant of a use variance, as defined by N.J.S.A. 40:55D-70, or any use authorized by the grant of a special exception under the terms of this chapter which is not utilized for a period of six consecutive months after erection or occupation pursuant to such grant in the case of prior nonconforming uses shall be presumed to be abandoned, and any subsequent use of such property shall be in accordance with the permitted uses, under this chapter, of the property without such variance, special exception or prior nonconforming use.
A.
The phrase "not utilized" shall mean remain vacant or not used for the use granted or the use which is a prior nonconforming use.
B.
The presumption shall be conclusive if:
(1)
The Borough Clerk or his designee shall send notice of the arising of such presumption by certified mail, return receipt requested, to the owner of said property, which notice shall be directed to the owner shown upon the then current tax list of the Borough of Bellmawr. A copy of this chapter together with the dates of vacancy shall constitute sufficient notice.
(2)
No application for hearing before the Zoning Board of Adjustment is filed by the owner or occupant within 60 days after said mailing and posting as hereinafter provided.
(3)
The property in question is posted with such notice.
C.
The Zoning Board of Adjustment shall hold a hearing on the question of abandonment, if requested, within 60 days after mailing and posting as set forth above and, after listening to the facts and the law on abandonment, shall by resolution grant or deny the application under such terms as are just and proper. The person urging nonabandonment shall have the burden of going forward with proof and the burden of persuasion on the issue of abandonment.