Harrington Park City Zoning Code
ARTICLE XIV
Nonconforming Buildings and Uses
§ 350-84 Conditions of continuing use.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter, subject to the following:
A.
Unsafe structure. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
B.
A building or structure containing a nonconforming use may not be reconstructed or structurally altered during its life except with the prior approval of the Zoning Board of Adjustment, unless said building is changed to be conforming.
C.
A nonconforming use shall not be extended or expanded, but the construction of a lawful addition or alteration to a nonconforming structure which existed prior to the enactment of this chapter shall be permitted as long as the addition or alteration does not enlarge or expand the nonconformity and shall not require the prior approval of the Zoning Board of Adjustment.
D.
Destruction. No building damaged by fire or other causes to the extent of more than 50% of its actual value shall be repaired or rebuilt except in conformity with the regulations of this chapter.
E.
Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
F.
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
G.
Displacement. No nonconforming use shall be extended to displace a conforming use.
H.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
I.
Restoration. Any nonconforming building damaged by fire or other causes to the extent of less than 50% of its actual value may be repaired, restored, reconstructed and/or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. All repairs shall be completed within one year after damage occurs or such use shall not be rebuilt except in conformity with the provisions of this chapter.
§ 350-85 Certificate of prior existence of use or structure.
[Added 5-16-1988 by Ord. No. 398]
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 certifying that the structure existed before the adoption of this chapter. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Zoning Officer within one year of the adoption of this chapter or at any time to the Zoning Board of Adjustment. The Zoning Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees collected by the official shall be paid by him to the Borough. Denial by the Zoning Officer shall be appealable to the Zoning Board of Adjustment. Sections 59 through 62 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-72 to 40:55D-75), shall apply to applications or appeals to the Zoning Board of Adjustment.