Montville Township City Zoning Code
ARTICLE XIX
Nonconforming Buildings and Uses
§ 230-174 Continuance of nonconforming use or structure.
The following provisions shall apply to uses and structures which lawfully existed prior to the adoption of Part 4 of this chapter, or any amendment thereof, but which do not presently conform to Part 4 of this chapter or amendment thereof:
A.
Continuation permitted. Any nonconforming use or structure which lawfully existed at the time of adoption of the zoning regulations of this chapter or any amendment thereto may be continued upon the lot or in the structure so occupied. Any such nonconforming use or structure may be restored or repaired in the event of partial destruction thereof.
B.
Rezoning. The provisions of this article shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this chapter or any subsequent change in the regulations of this chapter.
C.
Subdivisions involving same. No lot containing a nonconforming use shall be subdivided so as to reduce the lot area of such lot. No lot containing a nonconforming structure shall be subdivided so as to increase the degree or extent of the nonconforming condition.
D.
Expansions or alterations. The following provisions shall apply to the expansion or structural alteration of nonconforming structures or uses:
(1)
Any nonconforming use or structure which is nonconforming because of use shall not be enlarged, extended or structurally altered in any manner whatsoever.
(2)
No nonconforming structure may be structurally altered if the alteration would increase the degree or extent of the nonconforming condition, or would create any condition on the property that would not be in conformance with this chapter.
(3)
A nonconforming use or structure changed or altered to a conforming use or structure may not thereafter be changed back to a nonconforming use or structure.
(4)
A nonconforming use or structure shall not be changed or altered to diminish the nature, degree or extent of the nonconforming condition in one location while simultaneously increasing the nature, degree or extent of the nonconforming condition in another location on the property.
E.
Change of use. A change of use from a nonconforming use to another nonconforming use shall not be permitted.
F.
Abandonment of nonconforming use. In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.
§ 230-175 Restoration or repairs.
Nothing in this chapter shall prevent the restoration of a nonconforming use or structure partially destroyed by fire, explosion, act of God or act of public enemy, provided that any nonconforming use or structure partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such manner as to not further violate the reasons for nonconformity. Any nonconforming use or structure totally destroyed in the manner aforesaid may only be rebuilt as a conforming use or structure.
§ 230-176 Construal of provisions.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
§ 230-177 Approved projects.
Nothing in this section shall require any change in plans, construction or designated use of a structure or building for which a preliminary site plan and/or subdivision has been approved, provided the use and/or structure conforms to the terms of the approved plan, and provided that the period of protection provided by this chapter from changes in the zoning regulations has not expired.