A.

Ownership of Adjoining Lots. Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of such lots have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of such individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area of yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of such owner shall be considered as a single lot if the applicant is applying for a variance in accordance with R.S. 40:55D-70.

B.

Exceptions—Prior Dedication to Township. Whenever the owner of a lot existing at the time of adoption of this title has dedicated or conveyed land to the township in order to meet the minimum street width requirements of the official map or master plan of the township, the construction official shall issue construction and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

C.

Additions to Existing Nonconforming Buildings, Conditions. Except as provided hereinabove, any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided:

1.

The existing uses on the lot are conforming to the permitted uses stipulated in these chapters for the lot in question.

2.

The total permitted building coverage is not exceeded.

3.

The accessory building and/or addition does not violate any other requirements of this title, such as, but not limited to, height, setback and parking.

D.

Prior Conforming Lot. Any vacant lot existing as a conforming residential lot at the time of the passage of this title, whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a construction permit issued for a single-family detached dwelling and its permitted accessory uses without an appeal for variance relief provided:

1.

Single-family detached dwellings are a permitted use in that district.

2.

The building coverage limit is not exceeded.

3.

Parking requirements are met.

4.

The yard and height provisions are reduced by the same percentage that the area of such lots bears to the zone district requirements, except that no side yard shall be less than either ten (10) feet or half that required by Chapters 16.56 through 16.86, Zoning, whichever is greater. Additionally, no building shall be set back less than thirty (30) feet from the street right-of-way and no building shall be permitted to have a height less than twelve (12) feet and one story.

(Prior code § 13-16.1)

A.

Continuation of Existing Use. Any nonconforming use or structure existing at the time of the passage of this title may be continued upon the lot or in the structure so occupied.

B.

Lapse. Any nonconforming use not in operation for a period of twelve (12) consecutive months shall not be allowed to continue where there has not been a persistent effort to continue the use during that time period.

C.

Repairs—Enlargement. Except as provided in Section 16.20.010 (C), repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.

D.

Destruction. Any nonconforming structure or use which has been destroyed by fire, explosion, flood, windstorm or other act of God shall be examined by the following three people: the construction official; the owner, or an architect or engineer selected by the owner; and a third person agreed to by the construction official and the owner, whose fee shall be agreed to and shall be paid in equal portions by the township and the owner. If, in the opinion of a majority of the above three people, the damage is greater than fifty (50) percent, the structure or use shall be considered completely destroyed and may be rebuilt only upon approval of a use variance in accordance with the law.

E.

Reversion. Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again into a nonconforming structure or use.

(Prior code § 13-6.2)