Milltown City Zoning Code
§ 34-33.16
Nonconforming Uses, Structures or Lots.
[Ord. No. 818 Art. XVIII]
The lawful use of land, buildings or structures existing (as of February 19, 1950) when this chapter was adopted, may be continued on the lot or in the structure although they may not conform to this chapter, and any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located, and any nonconforming lot, shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.
a.
Abandonment. A nonconforming use shall be considered abandoned: if it is terminated by the owner; if, and to the extent that, a nonconforming use involving a structure is discontinued; or if a nonconforming use of land without structure(s) ceases. Any changes made to a nonconforming use shall be indicative of intent to abandon the nonconforming use and shall extinguish any nonconforming rights that may have existed. The subsequent use of the changed or abandoned building, structure and/or land shall be in conformity with this chapter.
b.
Conversion to Permitted Use. Any nonconforming building, structure or use may be changed to conform to this chapter but shall not be changed back to a nonconforming status. Site plan review and approval of this conversion shall be required.
c.
Maintenance may be performed on a nonconforming use, structure or lots, provided the maintenance work does not change the use, expend the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.
d.
Nonconforming Lots and Structures. As applied to individual single family units, for any structure on a conforming or nonconforming lot which violates any bulk requirement, ground floor horizontal additions to the principal building and/or an accessory building may be constructed without an appeal for variance, provided that the total permitted building coverage regulations is not exceeded and the accessory building and/or the addition to the principal building do not create any new violations of the zoning ordinance, or does not further extend or intensify an existing bulk violation.
e.
Restoration and Repairs.
1.
Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Code Enforcement Officer. If in his opinion the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by this chapter.
2.
Where the value of repairing the condition is determined to be less than or equal to 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 it does not exceed the height, area and bulk of the original structure.
3.
The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.
f.
Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.