Byram Township City Zoning Code
ARTICLE V
Nonconforming Buildings and Uses
§ 240-30 Continuance of nonconforming uses.
[Amended 6-20-2017 by Ord. No. 10-2017]
Any lawful nonconforming use which existed on November 2, 1966, may be continued. No existing structure designed, arranged, intended or devoted to a nonconforming use may be structurally altered, extended, or enlarged unless the structure is changed to a conforming structure; provided, however, that:
A.
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use;
B.
Minor alterations and improvements which do not constitute or require structural changes or enlargement may be made to a building wherein a nonconforming use exists; and
C.
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
§ 240-31 Changes.
A nonconforming use in existence on November 2, 1966, shall not be permitted to be changed to any use other than a conforming use.
§ 240-32 Cessation of operation.
[Amended 6-20-2017 by Ord. No. 10-2017]
Where there is a cessation of operation with the intention of abandonment of any nonconforming use, the same shall constitute an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.
§ 240-33 Completion of existing buildings.
Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued when construction has been diligently prosecuted within six months of the date of such permit.
§ 240-34 Alterations and restoration.
[Amended 6-20-2017 by Ord. No. 10-2017]
A.
Alterations. Structural alterations, internal rearrangements and renovations may be made to a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, other than use, as long as the structural alteration or increase, internal rearrangement or renovation does not extend, enlarge, or intensify the nonconformance of said building or structure.
B.
Restoration.
(1)
A building or structure that is nonconforming because of its use and is completely destroyed may only be rebuilt for a conforming use.
(2)
A building or structure that is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirement of this chapter other than use, and is completely destroyed may only be rebuilt as a conforming structure. Where conformance is not possible, an application for a variance shall be made for reconstruction.
(3)
A building or structure that is nonconforming, whether by use or otherwise, and is partially destroyed, may be rebuilt within the same footprint with the same dimensions, or smaller, as the preexisting nonconforming structure. Enlargements shall neither intensify an existing nonconformance, nor create a new nonconformance.
(4)
Complete destruction shall be deemed to have occurred when, in the opinion of the Construction Official, a building or structure is demolished except for a de minimis amount, whereby the replacement building or structure would need to meet the criteria for new construction pursuant to the Uniform Construction Code (N.J.A.C. 5:23-6).
§ 240-35 Nonconformance due to reclassification.
The foregoing provisions of this chapter shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this chapter or any subsequent change in the regulations of this chapter.
§ 240-36 Unlawful uses.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect November 2, 1966.