Burlington City Zoning Code
§ 207-89
Nonconforming uses and structures.
Nonconforming uses and buildings are declared to be incompatible with the uses and buildings permitted. It is the intent of this chapter to permit nonconformities to continue until they are removed or ceased but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification, providing there is no difference in the quality of character of the uses, in the degree or intensity of use, and that there is no difference in the effect on the neighborhood which results from the change in use.
A.
Continuance. Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the plot or in the structure so occupied or used, and any such structure may be restored or repaired in the event of partial destruction thereof, the City retaining, however, all its rights and remedies with respect to nonconforming uses as provided in the Revised Statutes of the State of New Jersey.
(1)
If active and continuous operations are not carried on with respect to a nonconforming use during a continuous period of six months, or for 18 months during a three-year period, for any reason, except where government action impedes access to the premises and there is an intention to abandon such nonconforming use, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intention to abandon shall be evidenced by occupancy for another use, market for another use, etc.
(2)
Normal maintenance and repair, structural alteration in, and moving reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to the district regulations as set forth in each zoning district, is permitted if the same does not increase the degree of or create any new nonconformity with such regulations in such building.
B.
Conditional uses. Any use which is permitted as a conditional use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district.