Mine Hill Township City Zoning Code
ARTICLE XXII
Nonconforming Uses and Lots
§ 310-160 Existing uses.
Any nonconforming uses or structures existing as of the date of adoption of this chapter, or which became nonconforming as a result of the adoption of this chapter, may be continued upon the lot or in the building so occupied, and any structure may be restored or repaired in the event of partial destruction thereof.
§ 310-161 Enlargement or expansion of nonconforming uses.
No nonconforming building may be enlarged or expanded to cover a larger area than it occupied at the date of adoption of this chapter, except that where an existing lot is improved with a building or structure which is nonconforming due to location, such lot may be further improved by an addition to such building or structure, provided that the existing nonconforming setbacks may be extended but not further encroached upon. No nonconforming use may be extended or expanded over a larger area than it occupied at the time of enactment of this chapter, any nonconforming single-family residence located in any nonresidential district where residences are prohibited may be expanded, provided that yard areas as required in the SF Zone shall be applicable to such property and shall not be encroached upon, and further provided that the expanded structure shall continue to be used as a single-family residence.
§ 310-162 Conversion to permitted building or use.
After a nonconforming building or use has been converted to a permitted use, it shall not be changed back again to a nonconforming use.
§ 310-163 Abandonment of nonconforming use.
If a nonconforming use has been abandoned, such use shall not be recommenced. Cessation of a nonconforming use for a continuous period of one year may be taken as prima facie evidence of an intent to abandon such use.
§ 310-164 Nonconforming lots.
A.
Any isolated parcel of land which existed prior to the adoption of land use regulations in the Township governing lot size, or for which subdivision approval was granted by a municipal agency prior to the effective date of this chapter, may be used for any purpose permitted in the zone, provided that building setbacks for that zone can be met.
B.
To expand or improve any existing residence in any zone or any existing nonconforming lot on which a residence now exists or a building permit has been issued prior to the date of adoption of this chapter, the applicant must meet setback requirements of the zone in which the building is located.
§ 310-165 Registration and certification of nonconforming uses and structures.
A.
The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate stating that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming in accordance with N.J.S.A. 40:55D-68.
B.
Application pursuant hereto may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming, or at any time to the Planning Board.
C.
Such application shall contain the name and address of the applicant, the nonconforming use so operated, the date on which the uses commenced, the tax lot and block number of its location, any buildings or structures in which such use is contained or are necessary for the operation of such use and the numbers and types of equipment and/or vehicles utilized in the operation of said use.
D.
The applicant shall have the burden of proof as to all matters alleged. Where the application is to the Zoning Officer, it shall be in the form of an affidavit and shall be notarized. Where application is made to the Board, the application shall be processed as in the case of all other applications to said Board. Notice of such application shall be given in accordance with all the provisions of § 310-31 of this chapter.
E.
If the Zoning Officer fails or refuses to issue a certificate, he shall notify the applicant, in writing, as to the reasons therefor within 45 days from the date of application. Such denial may be appealed to the Board in accordance with the provisions of N.J.S.A. 40:55D-72, notice of which shall be given in accordance with N.J.S.A. 40:55D-12 and § 310-31 of this chapter.