East Windsor City Zoning Code
§ 20-4.3
Nonconforming Lots, Nonconforming Uses of Land, Nonconforming Structures, Nonconforming Uses of Structures and Premises, and Nonconforming Characteristics of Use.
All lots, structures, uses of land and structures and characteristics of use which were lawful before the effective date of this chapter, but which would be prohibited under the terms of this chapter may be continued. The following regulations shall apply:
a.
Lot size: No nonconforming lot shall be further reduced in size.
b.
Bulk requirements: No building or other structure which is nonconforming with respect to yards, coverage, height or other requirements shall be enlarged, extended or increased so as to increase the degree of nonconformity thereof.
c.
Use: No nonconforming use shall be expanded, altered or enlarged.
e.
Reversion: No nonconforming use shall if once changed into a conforming use, be changed back into a nonconforming use.
f.
Restoration: Any nonconforming building or other structure may be rebuilt, restored or repaired in the event of partial destruction thereof. Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof of a nonconforming building which has been declared unsafe by the construction official.
g.
Construction approved prior to this chapter: Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this chapter and upon which actual building construction has been carried on without interruption, except to causes beyond the control of the developer. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding pursuant to a validly issued building permit, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on without interruption except due to causes beyond the control of the developer.
h.
Nonconforming lots of record: Notwithstanding any limitations imposed by other provisions of this chapter, in any district in which dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any lot of record which, on the effective date of this ordinance, was owned separately from that of any contiguous lots. Any variation from the applicable yard dimensions and requirements shall require approval by the zoning board of adjustment.