Manalapan Township City Zoning Code
§ 95-7.3
Nonconforming uses, buildings and structures.
A.
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:
B.
Abandonment of nonconforming use.
(1)
A nonconforming use shall be deemed to be abandoned where there is an intention to abandon as well as an external act (or omission to act) by which such intention is carried into effect.
(2)
It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one year.
(3)
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.
C.
Restoration of a nonconforming structure.
(1)
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.
(2)
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.
(3)
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.
D.
Certification of preexisting nonconforming uses, buildings and structures. Upon application, the Administrative Officer (Zoning Officer) or the Board of Adjustment may issue a certificate in accordance with § 95-3.4D(3), certifying the legality of a preexisting nonconforming use, building, or structure.
E.
Alterations and additions.
(1)
Alterations, as applied to a nonconforming building or structure, shall include only a change or rearrangement of interior partitions, the structural supports or a change in exterior appearance.
(2)
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.
(3)
A one story single family home may be enlarged by the addition of a second story, providing that the second story is constructed within the same footprint as the existing one story structure.
[Added 12-19-2013 by Ord. No. 2013-11]
F.
Nonconforming lots and structures.
(1)
A nonconforming lot may not be used for any purpose unless:
(2)
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 or added to, provided that:
(a)
The proposed use and all existing use(s) is/are permitted principal or accessory use(s).
(b)
The enlargement, extension or addition conforms to all requirements of this chapter and will not result in the creation of any nonconformity related to the lot and the aggregate of all structures or building.
(3)
Principal or accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:
(a)
Existing and proposed buildings or structures will be used for a permitted principal or accessory use.
(b)
The lot conforms to the minimum lot area requirements of this chapter.
(c)
Other than lot area, the lot conforms to the zoning standards in effect immediately prior to the adoption of this chapter.
(d)
The new structure or building conforms to all requirements of this chapter and will not result in the creation of any nonconformity related to the lot and the aggregate of all buildings or structures.
G.
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 heretofore 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.
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 provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.