Oaklyn City Zoning Code
ARTICLE XV
Nonconforming Uses, Structures and Lots
§ 125-60 (Reserved) [1]
[1]
Editor's Note: Former § 125-60, Existing nonconforming uses, was repealed 12-10-2002 by Ord. No. 15-02.
§ 125-61 Reversion of use.
Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification, such use shall not thereafter be changed to a use of a less restricted classification.
§ 125-62 Restoration.
[Amended 9-11-2007 by Ord. No. 12-07; 8-11-2020 by Ord. No. 7-20]
A nonconforming use or building which is partially destroyed (not more than 25% of the construction) may be continued as the same nonconforming use, provided that the building reconstruction shall be completed within one year from the date when the building was destroyed. Property owners who wish to repair any damaged nonconforming condition which is attached to the primary residence can do so if the Zoning and Construction Code Officials determine that the condition presents a safety concern. All construction pursuant to this section must follow within the existing footprint and dimensions of that previously existing. This section shall not apply to any nonconforming sheds, garages, fences and/or pools on the subject property.
§ 125-63 Abandonment.
A.
If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of six months or more, the subsequent use of such building or land shall be, thereafter, a conforming use in accordance with the provisions of this chapter.
B.
A nonconforming use shall be considered abandoned if:
(1)
A nonconforming use of land ceases and discontinues operations for a period of more than six calendar months. Any subsequent use of land shall conform to the regulations of this chapter.
(2)
A nonconforming use of a building or part thereof operates less than 180 consecutive days in any twelve-month period. Any subsequent use of such building or part thereof shall conform to the regulations specified in this chapter. After conversion to a permitted use, the original nonconforming use shall not be reestablished.
§ 125-64 Lots.
[Amended 4-11-1995 by Ord. No. 3-95]
In case of a lot where the deed is recorded in the office of the Register of Deeds or laid out on the Official Tax Map of the Borough of Oaklyn, prior to the effective date of this chapter, having an area less than hereinafter required, or is of such irregular shape that the owner would have difficulty in providing the required side and rear yard setback requirements in which such lot is situated, the Planning Board may modify the requirements of this chapter in accordance with its power as conferred by law and permit a building or structure to be built thereon.
§ 125-65 Signs.
Any sign, billboard or advertising device existing prior to the effective date of this chapter that does not conform in use, type, location, height or size with the regulations of the district in which it is located may be maintained or repaired; however, such sign, billboard or advertising device shall not be replaced.
§ 125-66 Certificate of nonconforming use.
A.
Upon the effective date of this chapter, the Building Inspector shall issue a certificate of nonconforming use to all owners of property the use of which does not conform to the provisions of the use zone in which the property is located.
B.
In accordance with the provisions of this section, no use of land, buildings or structures shall be made other than that specified on the certificate of nonconforming use unless the use shall be in conformity with the provisions of the use zone in which the property is located.
C.
A copy of each certificate of nonconforming use shall be filed with the office of the Borough Clerk. No permit or license shall be issued to any property for which a certificate of nonconforming use has been issued until said permit or license has been approved by the governing body.
§ 125-67 Changes in district boundaries.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
§ 125-68 Buildings under construction and pending applications.
Nothing herein contained shall require any change in the plans, construction or intended use of a building for which a building permit has heretofore been issued and the construction of which shall have been diligently prosecuted within six months of the date of such permit, and the entire building completed according to such plans as filed, within 15 months from the effective date of this chapter.