Keansburg City Zoning Code
§ 22-7.3
Nonconforming Uses, Buildings and Structures.
[Ord. #1045, § 7.3; Ord. #1267, § 1; Ord. #1454]
Except as otherwise provided in this Chapter the lawful use of the land or a building existing at the date of the adoption of this Chapter may be continued although such use or building does not conform to the regulations specified by this Chapter for the zone in which such land or building 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.
d.
Abandonment of Nonconforming Use. A nonconforming use shall be deemed to be abandoned where there is (1) an intention to abandon as well as (2) an external act or failure to act by which such intention is carried into effect.
It shall be evidence that a nonconforming use has been abandoned if (i) cessation of such use on the part of a tenant or owner has occurred for a continuous period of at least one year; (ii) foreclosure of a mortgage on the property has occurred; (iii) the municipal taxes are delinquent or unpaid; (iv) the property has not been maintained in a condition that would qualify for a certificate of occupancy; (v) the utilities have been disconnected and/or utility meters have been removed; (vi) the property owner has been convicted of violations of Keansburg's Property Maintenance Code; or (vii) Keansburg has been required to enter the property for reasons of health or public safety due to property maintenance violations. This list is not exclusive and other evidence of abandonment may exist.
When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this Chapter.
e.
Restoration of a Nonconforming Building or Structure. If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored or repaired, except in conformity with this Chapter.
Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.
Nothing in this Chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Official.
f.
Certification of Pre-existing Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Planning Board may issue a certificate in accordance with Section 22-3, subsection 22-3.4d,3, certifying the legality of a pre-existing nonconforming use, building, or structure.
[Amended 5-18-1999 by Ord. No. 1258 ]
g.
Alterations, Additions, and Nonconforming Lots.
1.
Alterations. Alterations, as applied to a nonconforming building or structure shall only include a change or rearrangement in the structural supports or a change in exterior appearance.
A nonconforming building or structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alterations are not permitted unless the building or structure is changed to conform to the requirements of this Chapter.
2.
Additions; Enlargements; Extensions. A nonconforming building or structure may not be enlarged, extended, increased in height, width or depth; moved or relocated; or modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms; unless it is changed to conform to the requirements of this Chapter except that an existing use (principal or accessory) may be enlarged, extended, added to, or constructed provided:
(a)
It is a permitted use within the zone district and at the time and since the adoption of the Zoning Ordinance making such lot nonconforming the owner of the lot did not own any adjoining property;
(b)
The enlargement, extension, addition, or construction conforms to all yard requirements; and
(c)
The total floor area ratio which will result from the proposed enlargement, extension, addition, or construction will not exceed the maximum total floor area ratio allowed in each zone, as found in the Schedule of Zoning District Regulations.
3.
Nonconforming Lots. Accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:
h.
Prior Approved Construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been hereto before issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the adoption of this Chapter.
i.
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 provisions of this Chapter shall also apply to any nonconforming uses existing therein or created thereby.