Mountain Lakes City Zoning Code
ARTICLE XV
Nonconforming Uses, Structures and Buildings
§ 245-118 Continuance.
A.
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof in accordance with § 245-53.
B.
No nonconforming use shall be extended, except by variance granted pursuant to N.J.S.A. 40:55D-70d. However, where a building meets the use requirements of this chapter but is nonconforming because of height, width, depth or yard requirements, said building may be altered or enlarged, provided that the height, area, coverage, FAR, yard or any other regulations in this chapter are not violated; for example, if a front yard is nonconforming, this does not preclude a conforming addition to the rear within the rear setback line.
C.
Accessory uses and structures. Where a structure has been erected and used for an accessory use to a dwelling according to § 245-89B and such accessory use ceases, as by independent sale of either the dwelling or accessory structure or by the moving or demolition of the primary or accessory structure, the accessory structure shall lose its status as such and shall be governed by the regulations herein pertaining to a primary or main building.
D.
Any structure existing at the time of the passage of this chapter which is essentially designed or readily adaptable to accommodate a permitted use may be occupied as such without regard to the bulk requirements of this chapter, provided that:
§ 245-119 Completion of construction; restoration of existing buildings.
A.
Completion of construction. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a construction permit has been issued, or for which plans and a construction permit application are on file and pending at the time of the passage of this chapter, provided such plans and intended use conform with the ordinance in effect at the time the application was made, and provided the construction of the building is diligently prosecuted after the permit is granted and completed within one year thereafter.
B.
Restoration. Nothing herein contained shall prevent the restoration of a building destroyed for any reason, including, but not limited to, fire, explosion, act of God, act of war, voluntary demolition or negligence, to the extent of no more than 50% of its true reproduction value or 50% of its cubical volume of the building at the time of the partial destruction, or prevent a change of its existing use under the limitations provided in § 245-118, but any building destroyed in the manner aforesaid to an extent exceeding 50% of its true reproduction value or 50% of its cubical volume of the building at the time of such destruction may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of this chapter.
C.
No structure in process of completion or demolition and no ruins from fire or other casualty shall be abandoned in a disorderly, unsightly or hazardous state. Such structure shall be considered to have been abandoned when work to remedy the improper condition has not been initiated within 60 days after the occasion of the casualty, or, if initiated, work has been discontinued with the owner's consent for 30 or more consecutive days or for more than 30 days out of 60 days. Each day's abandonment shall be considered as a separate violation of this provision of this chapter.
§ 245-120 Certificate of non-conformity.
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 certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a fee in the amount specified at § 111-3. The fees collected by the administrative officer shall be paid to the municipality. Denial by the administrative officer shall be appealed to the Zoning Board of Adjustment. The provisions of N.J.S.A. 40:55D-72 through 40:55D-75 shall apply to applications or appeals to the Zoning Board of Adjustment.