Jersey Shore City Zoning Code
ARTICLE XVI
Nonconforming Lots, Structures, Buildings and Uses
§ 300-109 General.
Any nonconforming lot, building, structure or use legally existing at the time of adoption of this chapter, or which is created whenever a district is changed by amendment hereafter, may be continued, altered, reconstructed, sold, or maintained, even through it does not conform to the regulations of the district in which it is located, except as provided below. It is the intent of this chapter to permit these nonconformities to continue until they are removed, discontinued, or abandoned.
§ 300-110 Nonconforming lots, uses, and structures.
A.
Nonconforming lots.
(1)
A nonconforming lot may be used for a permitted use in the district in which it is located, even though such a lot fails to meet the requirements for lot area or dimensions or both. However, all other applicable requirements including building lines and setbacks shall apply. The variance of setback requirements shall be obtained only through action of the Zoning Hearing Board.
(2)
If two or more lots with common ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area established by this chapter, the lands involved shall be considered an undivided parcel, and no portion of such parcel shall be occupied or sold which does not meet lot width and area requirements established by this chapter.
B.
Nonconforming uses. A use legally existing at the time of adoption of this chapter which becomes a nonconforming use in the district where it is existing upon adoption of this chapter or amendment hereafter, may be continued as it exists upon adoption or future amendment of this chapter. Thereafter, the use shall only be modified minimally to uses that are generally consistent with the use that became nonconforming. The use shall not be permitted to change to any use that is different from the nonconforming use and not in compliance with the use regulations for the district where the use is located.
C.
Nonconforming structures. A structure legally existing at the time of adoption of this chapter which becomes a nonconforming structure in the district where it is existing upon adoption of this chapter or amendment hereafter, may be continued as it exists upon adoption or future amendment of this chapter. Thereafter, the structure shall only be modified minimally in accordance with the provisions of this chapter. The structure shall not be permitted to change in such a fashion as to make the nonconforming structure a greater nonconformity so as to adversely affect the character of the neighborhood or district in which it is located.
§ 300-111 Abandonment.
A.
If a nonconforming use or structure is abandoned as defined by the ordinance, all subsequent use of such building or land shall be in conformity with that district's regulations. A nonconforming use shall be deemed abandoned when said use has ceased for one year or more and only when it was the intent of the tenant or owner to abandon said use permanently.
B.
In the event of destruction or total casualty loss to a nonconforming building or structure, a one-year extension may be granted by the Zoning Officer, provided that the owner shall, prior to the expiration of the initial one-year period provided for in the forgoing subsection, file a notice of intent to reconstruct with the Zoning Officer.
§ 300-112 Repairs and reconstruction.
A.
Repairs, nonstructural alterations, and other general maintenance may be made to a nonconforming building or structure or a building or structure occupied by a nonconforming use, but such repairs shall be subject to all applicable zoning and building code requirements.
B.
A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged by fire, flood, or other natural causes may be reconstructed, restored, and used as before, provided that:
§ 300-113 Extension or enlargement.
A.
A nonconforming use of a building or structure may be extended throughout the interior of the building, provided that no structural alterations are made thereto. Prior to initiation of such extension however, a zoning permit shall be obtained from the Zoning Officer.
B.
Structural alterations proposed to extend a nonconforming structure may be authorized as follows:
(1)
By the Zoning Officer, provided that:
(a)
The extensions or enlargements shall conform to the yard, height, off-street parking, coverage, and other requirements of the zoning district in which the use or structure is located; and
(b)
The proposed extension or enlargement of the nonconforming use shall not exceed 50% of the gross floor area of the structure or use, with such gross floor area to be measured at such time that the use became nonconforming.
(2)
By the Zoning Hearing Board upon application for a variance, provided that:
(a)
The extensions or enlargements shall conform to the yard, height, off-street parking, coverage, and other requirements of the Zoning District in which the use or structure is located; and
(b)
The proposed extension or enlargement of the nonconformity which exceeds 50% of the gross floor area of the structure or use is approved by a variance issued by the Zoning Hearing Board.
(3)
Extension or enlargement of a commercial nonconforming structure or building. A nonconforming structure or building can be expanded or enlarged in a manner consistent with the Natural Expansion Doctrine, which does not specifically limit the expansion or enlargement to a particular percentage, but permits such expansion or enlargement that is necessary for the growing commercial use so long as it does not interfere with or impair the essential character of the neighborhood or adversely effect the adjacent and adjoining landowners.
(4)
A nonconforming use shall not be extended to displace a conforming use, unless authorized by the Borough Council.
(5)
Any nonconforming building or structure or building or structure occupied by a nonconforming use which is moved for any reason must meet all requirements of the district in which it is located.
§ 300-114 Change of use.
A.
Any nonconforming use may be changed to another nonconforming use by conditional use, provided that the Borough Council shall find the proposed use to be equally appropriate or more appropriate to the zoning district in which it is located.
B.
A nonconforming use that is replaced by a permitted use shall not be allowed to revert to any nonconforming use.
§ 300-115 Registration of nonconforming uses, structures and lots.
To facilitate the administration of this section, it may be the duty of the Zoning Officer to document any nonconforming uses, structures, and lots identified during the evaluation of an application for a zoning permit. The application file shall identify the nonconforming aspect of the property. Any applicant aggrieved of any decision rendered therefrom may file an appeal with the Borough Zoning Hearing Board.