Peapack Gladstone City Zoning Code
§ 23-40.18
Nonconforming Uses, Structures and Lots.
[Ord. No. 751 § 27-3.18; Ord. No. 916 § I]
a.
Continuance of Existing Nonconforming Uses and Structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.
b.
Discontinuance of Abandoned Nonconforming Uses. Any nonconforming use which has not been used for a continuous period of one (1) year or more shall not thereafter be revived.
c.
Alteration, Extension or Enlargement of Nonconforming Use or Structure.
1.
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
2.
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(a)
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(b)
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(c)
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
3.
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because of its failure to comply with height, area, yard, off-street parking or other like requirements of this chapter, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure. Enlarging the non-conformance for purposes of this section shall be viewed in a three-dimensional manner to take into account the impact on light, air and open space, as well as lateral dimensional requirements.
4.
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
d.
Restoration of Existing Buildings or Structures Nonconforming Because of Use. Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired if less than eighty (80%) percent of the existing floor area is destroyed.
e.
Restoration of Existing Buildings or Structures Nonconforming for Reasons Other Than Use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this chapter, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
f.
Nonconforming Improved Lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback; any existing residential building or structure on the lot may be further improved, provided that:
1.
The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone, unless approved by the Land Use Board.
2.
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, but any improvement may maintain the same nonconforming setbacks; provided, however, that a minimum side yard of three (3) feet shall be maintained.
3.
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum impervious cover set forth in Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
4.
The Construction Official of the Borough of Peapack and Gladstone is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this subsection.