Morris Township City Zoning Code
ARTICLE VIII
Nonconforming Uses and Structures
§ 95-49 Continuation of use.
A use, building or structure lawfully in existence on the effective date of this chapter which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this article.
§ 95-50 Restrictions.
A.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or when required to do so by law, and as follows:
(1)
Restoration. Any nonconforming use or structure damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. All repairs shall be contemplated within one year after damage occurs and shall be completed within two years of such date, or such use shall not be rebuilt except as a conforming use. In the event that total destruction occurs, then the provisions of § 95-52 shall apply.
(2)
Repairs. Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use and does not increase the number of dwelling units.
B.
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful by the Construction Official or other authorized state or Township official.
§ 95-51 Termination of use; completion of nonconforming buildings lawfully under construction.
A.
Termination. A nonconforming use not used for 90 consecutive days and/or the change of a use to a more restricted or conforming use for any period of time shall be considered a termination of the nonconforming use, and such nonconforming use shall not thereafter be revived, except that, if the owner or agent is actively seeking new tenants or operators, said ninety-day limit shall not be applicable.
B.
Nonconforming buildings lawfully under construction. Any nonconforming structure or use lawfully under construction on the effective date of this chapter, pursuant to plans filed with the Construction Official and approved by him and all other Township boards and agencies as required under law, may be completed and may be used for the nonconforming use for which it was designed, to the same extent as if such building has been completed and was in use on the effective date of this chapter.
§ 95-52 Damage beyond repair.
When a nonconforming structure or use is destroyed or damaged beyond repair by fire or other casualty or an act of God, the nonconforming structure or use shall thereafter be terminated. Damage "beyond repair" for purposes of this section shall occur when the cost of replacement exceeds 50% of the assessed value of the structure as adjusted by the county's current equalization rate immediately prior to the damage.
