Zoneomics Logo
search icon

Flemington City Zoning Code

§ 2608

EXISTING AND NONCONFORMING USES, STRUCTURES OR LOTS.

A. 
Continuance. Any nonconforming use or structure lawfully existing at the time of passage of the ordinance which made such use or structure nonconforming may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction (up to but not exceeding 50 percent of value) thereof.
B. 
Nonconforming Use Certificate. A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure was in existence before the adoption of the ordinance which rendered the use or structure nonconforming and that said use or structure may continue as a lawful preexisting use pursuant to N.J.S.A. 40:55D-68. The applicant shall have the burden of proof.
C. 
Application Procedure. Applications pursuant hereto shall be made to the Zoning Officer within 1 year of the adoption of the ordinance which rendered such use or structure nonconforming, or at any such time to the Planning Board. Notice shall be given in accordance with § 1410. A fee in accordance with Chapter 28 shall be required for the Certificate of Non-Conforming Use. The Board Secretary shall publish notice of the Zoning Officer's decision of either approval or denial of the certification in the Planning Board's official newspaper within 10 days of the issuance of such certification or denial of same. Any interested party affected by any decision of the Zoning Officer may appeal such decision to the Planning Board in accordance with N.J.S.A. 40:55D-72 within 20 days of the publication of the notice of decision.
D. 
Maintenance. Maintenance may be made to a nonconforming use, structure, or lot provided the maintenance work does not change the use, expand the building or the functional use of the building, or increase the area of a lot used for a nonconforming purpose.
E. 
Building Additions. Any existing structure with a permitted use located on either a conforming or nonconforming lot, but which building is situated on the lot so as to violate one or more yard requirements, may have additions to the principal building and/or construct an accessory building without an appeal for a variance, provided:
1. 
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this Ordinance for the lot in question; and
2. 
The total permitted building coverage is not exceeded; and
3. 
The accessory building and/or addition do not violate any other requirements of this Ordinance including, but not limited to, height, setback, and parking; and
4. 
There is no increase in the existing nonconformity.
5. 
This section shall not apply to infill development.
6. 
The addition of eave overhangs, cellar doors and similar features is permitted, if they do not more than extend 4 feet beyond the building setback.
F. 
Subdivision of Lots. An existing lot whose area and/or dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one or more setback violations, may nevertheless be subdivided without an appeal for a variance provided the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violations.
G. 
Merging of Substandard Lots. Whenever title to 2 or more contiguous lots is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more individual lots should, by reason of substandard area or 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 shall be merged into a single lot.