Hightstown City Zoning Code
ARTICLE 28
28 Nonconforming Buildings and Uses
§ 28-28-1 Applicability.
[1991 Code § 233-63]
Except as hereinafter provided, no building or premises shall be used except in conformity with the provisions of this chapter which apply to the district in which it is located. The following provisions shall apply to all buildings and uses of land or buildings existing on November 6, 1978, which do not conform to the requirements set forth in this chapter, to all buildings and uses of land or buildings that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all conforming buildings housing nonconforming uses.
§ 28-28-2 Continuation; enlargement; rebuilding; change of use.
[1991 Code § 233-64; Ord. No. 1996-15; Ord. No. 2011-07; Ord. No. 2021-04]
A.
Except as provided in Subsection E below, any type of nonconforming use of buildings or land may be continued indefinitely but:
(1)
Shall not be enlarged or structurally altered, extended or placed on a different portion of the lot or parcel of land occupied by such use on November 6, 1978, or on the effective date of any applicable amendment of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except whereby through such alteration it is changed to a conforming use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(2)
Shall not be changed to another nonconforming use without a variance from the Planning Board.
(3)
Shall not be reestablished after the physical operation thereof has ceased for a period of over six months for any reason. Intent to resume active operation of a nonconforming use after cessation thereof shall not confer the right to do so.
C.
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and any such structure may be repaired in the event of partial destruction thereof. If restoration of such structure is not substantially completed within the six-month period from the date of partial destruction, the physical operation of the nonconforming use of such structure shall be deemed to have ceased, unless such nonconforming use shall have been carried on without interruption in the undamaged portion of such structure.
D.
Any building housing a conforming use which does not conform to other than use regulations as set forth in this chapter may be rebuilt if damaged but shall not be altered or enlarged so as to increase the degree of nonconformity thereof.
E.
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon issuance of a building permit, of major structural alterations of demolitions necessary in the interest of public safety. In granting such a permit, the Construction Official shall state precise reasons to the Planning Board why such alterations were deemed necessary.
F.
To avoid undue hardship, 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 adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction shall be hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
G.
Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently.
H.
All the foregoing provisions relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing on November 6, 1978, and to all uses and buildings that become nonconforming by reason of any amendment of this chapter, but not to any use established or building erected in violation of law, regardless of the time of establishment or erection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
I.
Existing nonconforming conditions, including but not limited to inadequate lot size or yards and excess coverage, may be continued, but the degree of nonconformity may not be increased without securing a variance. No building may be constructed on a lot less than the minimum size for its district, even if preexisting, without securing a variance.
J.
Additions to existing single-family dwellings and/or decks constructed on existing buildings which would extend into the required front, side or rear yards shall be permitted if the following conditions are met:
(1)
The existing and proposed residential use is permitted in the zone in which it is located.
(2)
The total lot coverage, off-street parking, garage and building height requirements of the applicable zone are met.
(3)
The existing residential structure does not reduce any required setback by more than 50% and the proposed setback of any addition does not increase any yard setback deficiency of the existing dwelling.
(4)
The length (front yard to rear yard) of the proposed violation of any side yard does not exceed 35 feet.
(5)
All other applicable zone requirements affected by this proposed addition are met, except that existing lot area and lot width deficiencies shall not require variances, provided that all other requirements of this article are met.
K.
Owners of existing undersized vacant lots, as of the date of the adoption of Ordinance 2021-04, can avoid appearing before the Planning Board for a Bulk Variance to build a new house if they meet all of the following conditions:
(1)
The proposed residential use is permitted in the zone in which it is located.
(2)
The proposed house does not encroach on any setback.
(3)
The proposed house and accessory structures does not exceed the percentage of lot coverage for all buildings.
(4)
The total lot coverage of all proposed structures and all other proposed lot improvements do not exceed the total allowed lot coverage.
(5)
The proposed house and accessory structure does not exceed the maximum height.
(6)
The proposed house and accessory structure is reviewed by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(7)
The proposed house and accessory structure is reviewed by the Hightstown Historic Preservation Commission.
(8)
All other applicable zone requirements affected by the proposed house and accessory structures are met, except that the existing lot area and lot width deficiencies shall not require variances, provided that all other requirements of this article are met as determined by the Zoning Official.