Jackson Township City Zoning Code
ARTICLE IX
Nonconforming Uses, Lots, Buildings and Structures
§ 244-134 Continuance.
Except as otherwise provided in this chapter, the lawful use of the land or a building or structure existing at the date of the adoption of this chapter may be continued, although such use, building or structure does not conform to the regulations specified by this chapter for the zone in which such land, building or structure is located; provided, however, that:
A.
No nonconforming lot shall be further reduced in size.
B.
No nonconforming building or structure shall be enlarged, extended or increased unless such enlargement is conforming.
C.
No nonconforming use may be expanded.
§ 244-135 Lots and structures rendered nonconforming.
[Added 4-25-1994 by Ord. No. 9-94]
No previously conforming lot or structure shall be deemed nonconforming with respect to lot area or front or side building setback under the provisions of this chapter if said lot or structure shall have been rendered nonconforming by property acquisition or condemnation of the county or municipality, and further provided that any structure rendered nonconforming with respect to a side or front yard setback by such acquisition or condemnation may be expanded, provided that such expansion into required setback area shall not extend closer to any property line than the existing structure. The provisions of this section shall not be applicable in the event that such acquisition or condemnation shall reduce the actual lot area or building setback(s) by more than 50% of that required pursuant to this chapter.
§ 244-136 Abandonment.
A nonconforming use shall be presumed to be abandoned when there occurs a cessation of such use or activity by an apparent act or failure on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated, and the structure shall not be reoccupied, except in conformance with this chapter.
§ 244-137 Restoration.
[Amended 3-23-2010 by Ord. No. 10-10]
A.
If any nonconforming building or structure shall be destroyed by reason of windstorm, fire, explosion or act of God or otherwise to an extent of more than partial destruction as provided for in N.J.S.A. 40:55D-68, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.
B.
Any nonconforming building, structure or use which has been damaged by fire, explosion, flood, windstorm or act of God shall be examined by the following three people:
(1)
The Construction Code Official.
(2)
The owner or an architect or engineer selected by the owner.
(3)
A third person, agreed to by the Construction Code Official and the owner, whose fee shall be paid by the owner.
[Amended 2-8-2011 by Ord. No. 01-11]
C.
If, in the opinion of the majority of the above three people, the value of repairing the condition is 50% or greater of the total market value of replacing the entire structure, it shall be considered destroyed and may be rebuilt to the original specifications only upon approval of any variance and/or site plan required by state statutes.
[Amended 2-8-2011 by Ord. No. 01-11]
D.
Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.
E.
The percent damaged shall be the current replacement costs of the portion damaged, computed as a percentage of the current replacement cost of the entire structure, and shall not include the cost of the foundation unless the foundation is damaged or condemned.
§ 244-138 Reversion.
No nonconforming use shall, if once changed to a conforming use, be changed back again to a nonconforming use.
§ 244-139 Alterations.
A nonconforming building or structure may be altered, but not enlarged or extended, during its life to an extent not exceeding, in the aggregate, 50% of the market value, unless said building or structure is changed to a building or structure conforming to the requirements of this chapter.
§ 244-140 Prior approved construction.
Nothing herein contained shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this chapter.
§ 244-141 District boundary 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 provisions of this chapter shall also apply to any nonconforming uses, buildings or structures existing therein or created thereby.[1]
[1]
Editor's Note: Original § 109-130.1, Lots of record, of the 1972 Code, as amended, which immediately followed this section, was repealed 11-9-2010 by Ord. No. 36-10.
§ 244-142 Lots of record.
[Added 6-14-2011 by Ord. No. 20-11]
Where a residential nonconforming lot was previously created by a subdivision approved by the Jackson Township Planning Board, and where such lot was located in the R-1 Residential Zone, and where such lot was a conforming lot at the time of such subdivision approval, and where a single-family home was developed on such lot, such residence may be expanded and accessory structures may be constructed as long as same shall be in conformance with § 244-47, R-1 Residential Zone, provided that:
A.
At the time of and since the adoption of the ordinance making such lot nonconforming, the owner of the lot did not own adjoining property which may be (have been) used to cause such lot to become a conforming lot; and
B.
The required front yard, side yard and rear yard setbacks are met as required in the R-1 Residential Zone; and
C.
Said lot shall have a minimum area of 43,560 square feet; and
D.
This section shall apply only to the non-Pinelands area of Jackson Township.
E.
This section shall also authorize the owner of a residential nonconforming lot, which has been previously developed as a single-family residence in the R-1 Residential Zoning District, and which was conforming at the time said dwelling was constructed, to demolish and replace that existing dwelling with a newly constructed residential home on said lot provided the new home meets all other front yard, side yard and rear setbacks required in the R-1 Residential Zoning District, with the exception of lot width.
[Added 3-28-2023 by Ord. No. 10-23]
§ 244-143 R-3 Zone accessory building requirements.
[Added 9-16-1991 by Ord. No. 34-91; amended 12-23-2002 by Ord. No. 50-02]
On lots of record with preexisting single-family dwellings of three acres or less within the R-3 Zone at the time of the adoption of this chapter, those lots will have the same accessory building requirements as those specified under § 244-142B above.
§ 244-144 Expansion of nonconforming structures.
[Added 7-27-1992 by Ord. No. 14-92; amended 5-10-1993 by Ord. No. 21-93]
In the non-Pinelands portion of the Township, a preexisting detached single-family dwelling and/or accessory structure thereto, which is nonconforming with respect to a required setback or setbacks, may be expanded, provided that the proposed expansion into a required yard area shall not extend closer to the property line than the preexisting structure. Nothing in this subsection shall be construed to exempt required compliance with § 244-137.
