Pennsauken Township
City Zoning Code
City Zoning Code
§ 141-88
Nonconforming buildings, structures, uses and lots.
A.
Continuation. Any lawful building or other structure and any lawful use of a building or other structure and land existing on the effective date of this chapter which does not conform to the provisions of this chapter shall be considered a lawful nonconforming building, structure or use and may be continued, except as otherwise herein provided.
B.
Extension. Any lawful nonconforming use of a portion of a building may not be enlarged and any lawful nonconforming building or any building of which a lawful nonconforming use is made may not be enlarged upon the lot occupied by such building.
C.
Restoration.
[Amended 12-30-1998 by Ord. No. 98-41]
(1)
Any lawful nonconforming building or other structure or any building or structure used for any lawful nonconforming use, which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause; or by voluntary removal, when that removal, either partial or complete, is done pursuant to an investigation of possible or real environmental contamination to the property or the subsurface of the property which investigation is determined to be necessary by a licensed New Jersey environmental professional who is making recommendations pursuant to the guidelines established under the New Jersey Department of Environmental Protection, County Health Department, or United States Environmental Protection Agency, which recommendation must be in writing setting forth the factual basis for the recommendation and opinions of the environmental professional and must be submitted to the Construction Official at the time of application for a demolition permit is made; or pursuant to a cleanup of environmental contamination of the property and/or subsurface or ground water at or below the property as may be determined by a licensed New Jersey environmental professional who is making recommendations pursuant to an order or guidelines established under the Department or United States Environmental Protection Agencies, which order or recommendation must be in writing setting forth the factual basis for such order or recommendation and opinions of the environmental professional and must be submitted to the Construction Official at the time of application for a demolition permit is made; may be reconstructed in the same location, provided that:
[Amended 12-30-1998 by Ord. No. 98-41]
(a)
The reconstructed building or structure shall not exceed the height, area of volume of the damaged, destroyed or removed building or structure; and
(b)
With regard to buildings or structures involuntarily damaged or destroyed by fire, explosion, windstorm or other similar act or cause, reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
(2)
For purposes of this Subsection C the removal of an entire building or structure, which building or structure is part of an integrated use consisting of a two or more building complex on a property, even if that property consists of multiple lots, shall be deemed a "partial destruction" pursuant to N.J.S.A. 40: 55D-68.
D.
Abandonment. Any lawful nonconforming use of a building or other structure or land which is abandoned or discontinued for a continuous period of one or more years, or if the Township Committee shall receive no written request from the owner for an extension of such period, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
E.
Nonconforming signs. Every lawful nonconforming sign shall be discontinued and removed or changed to a conforming sign within a period of five years from the effective date of this chapter; provided, however, that signs which, at the effective date of this chapter, are maintained in connection with and upon the same lot as a lawful nonconforming use may be continued, maintained, repaired or replaced with signs of similar size and character as long as such nonconforming use continues, but may not be enlarged or otherwise substantially altered, nor may the illumination or lack of illumination thereof be changed, except in accordance with the regulations applicable to the district in which it is located.[1]