Hardyston City Zoning Code
ARTICLE XVII
Nonconforming Lots, Uses, Structures
§ 185-59 Continuation of use.
A use, building or structure, lawfully in existence at the effective day of this chapter, which shall be made nonconforming at the passage of this chapter may be continued except as otherwise provided in this section.
§ 185-60 Improved nonconforming lot.
Where a lot exists as a separate isolated lot and is improved with a building or structure which is nonconforming due to location, said lot may be further improved by an addition to said building or structure or any accessory building or structure (provided that the existing nonconforming setbacks may be extended but not further encroached upon).
§ 185-61 Unimproved nonconforming lots.
Notwithstanding any other provisions of this section, any existing lot not adjoining any other land owned by the owner of such lot and which is nonconforming as to dimensions or area may be improved with a new building or structure, in accordance with the use requirements of this section, provided that the minimum setbacks shall be as required in the zoning district; except that required side street setbacks on corner lots may be reduced one foot for each three feet the lot is under the minimum width required in the zone district but shall not be reduced below 1/2 the minimum required setback.
§ 185-62 Regulation of nonconforming structures and uses.
A.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use or as follows:
(1)
Restoration. Any nonconforming use or structure partially destroyed by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use or structure shall not exceed the area which existed prior to such damage. All repairs shall be commenced within one year after damage occurs and shall be completed within two years of such date or such use shall not be rebuilt except as a conforming use.
(2)
Repairs. Normal maintenance repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use and does not increase the number of dwelling units.
B.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Construction Official or other authorized state or Township official.
§ 185-63 Registration and certification of nonconforming uses.
A.
The 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 stating that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming.
B.
Application pursuant hereto may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment.
C.
Such application shall contain the name and address of the applicant, the nonconforming use so operated, the date on which the use commenced, the tax lot and block number of its location, any buildings or structures in which such use is contained or are necessary for the operation of such use and the numbers and types of equipment and/or vehicles utilized in the operation of said use.
D.
The applicant shall have the burden of proof as to all matters alleged. Where application is to the Zoning Officer, it shall be in the form of an affidavit and shall be notarized. Where application is made to the Zoning Board of Adjustment, the application shall be processed as in the case of all other applications to said Board. Notice of such application shall be given in accordance with the provisions of N.J.S.A. 40:55D-12.
E.
If the Zoning Officer fails or refuses to issue a certificate, he or she shall notify the applicant in writing as to the reasons therefor within 45 days from the date of application. Such denial may be appealed to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-72, notice of which shall be given in accordance with 40:55D-12.