Netcong City Zoning Code
§ 194-54
Nonconforming uses and structures.
A.
Continuation of use or structure. Any approved nonconforming use which existed at the time of the passage of this chapter may be continued on the lot or in the building so occupied, and any existing structure designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:
(1)
A nonconforming structure shall not be enlarged unless the structure is changed to a conforming structure; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height or area or yard regulations, said structure may be enlarged, provided that the height, area and yard regulations are not further violated.
B.
Cessation of operation. Where there is a cessation of operation with intention of abandonment of any nonconforming use, the same shall constitute 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.
C.
Conversion to permitted use. Any nonconforming building, structure or use which has been changed to a conforming building or use shall not be changed back again into a nonconforming building, structure or use.
D.
Extension of nonconforming use. No nonconforming use shall be extended so as to diminish the extent of a conforming use.
E.
Repairs and alterations. Such repairs and maintenance work as required to keep a building in sound condition may be made to a nonconforming building or structure.
F.
Restoration of existing buildings.
(1)
Nothing in this chapter shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any nonconforming building that is partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such manner as not to further violate the reasons for nonconformity. Any building that is nonconforming because of use that is totally destroyed in the manner aforesaid may be rebuilt only as a conforming use. Any building that is nonconforming because of height, area or yard requirements that is totally destroyed may be rebuilt only if the height, area or yard requirements of this chapter are met. To determine the extent of destruction for the purpose of this chapter, no part of the footings or foundation walls shall be considered. In the event that it is physically impossible to meet the height, area or yard requirements of this chapter, said building may be rebuilt, provided that the nonconforming height, area or yard requirements are not further violated.
(2)
Where a nonconforming use is partially destroyed as mentioned above, application must be made for a building permit to rebuild the nonconforming use within 12 months from the time of destruction. Nothing in this chapter shall prevent the restoration of a wall declared unsafe by any governmental authority.
G.
Existing nonconforming lots. Any lot or plot legally established and existing at the time of passage of this chapter that fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in such district in which it lies, provided that all of the following requirements are complied with: