Perth Amboy City Zoning Code
ARTICLE VII
Nonconforming Uses and Structures
§ 430-55 Nonconforming uses, structures or lots.
The lawful use of land, buildings or structures existing when this chapter was adopted may be continued on the lot or in the structure although it may not conform to this chapter, and any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located, and any nonconforming lot, shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.
§ 430-56 General regulations and interpretations.
A.
A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by the attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
B.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun after a building permit was obtained and prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on starting within six (6) months of the date of issuance of the building permit and achieving completion within one (1) year of the date of adoption of this chapter. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved within one (1) year of the date of adoption of this chapter.
C.
Abandonment.
(1)
A nonconforming use shall be considered abandoned if:
(a)
The use ceases or is discontinued without intent to resume, but excluding temporary or short-term interruption to a use or activity during periods of renovating, maintenance, normal vacation or seasonal closing.
(b)
The owner or user relinquishes the property or there is a cessation of the use of the property with the intention neither of transferring right to the property to another owner nor of reusing the use of the property.
(2)
The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.
D.
Conversion to permitted use. Any nonconforming building, structure or use may be changed to conform to this chapter but shall not be changed back to a nonconforming status. Site plan review and approval of this conversion shall be required for any change in use.
E.
Maintenance may be performed on a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.
F.
Nonconforming lots and structures. As applied to individual single family units, for any structure on a conforming or nonconforming lot which violates any bulk requirement, additions to the principal building and/or accessory building may be constructed without an appeal for variance, provided that the total permitted building coverage regulation is not exceeded and the accessory building and/or the addition to the principal building does not create any new violations of this chapter and/or does not further extend or intensify an existing bulk violation.
[Amended 9-21-2005 by Ord. No. 1304-2005]
G.
Restoration and repairs.
(1)
Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Code Enforcement Officer or his designee. If in his opinion the value of repairing the condition is greater than fifty percent (50%) of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by this chapter.
[Amended 9-21-2005 by Ord. No. 1304-2005]
(2)
Where the value of repairing the condition is determined to be less than or equal to fifty percent (50%) of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and all used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.
(3)
The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.
H.
Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.
I.
The burden of proving the existence of a nonconforming use is upon the party asserting such uses. The evidence presented must establish what the use was at the time of adoption of this chapter, its character, extent and intensity, that the use was a continuous use entitled to protection under this section and that it was lawful under the land use regulations in effect at its commencement. The applicant may not rely on the issuance of a occupancy permit or zoning permit together with cover letter permitting the expansion of a nonconforming use by the Zoning Officer or Construction Official. A certificate of occupancy is not a determination as to the legality of a use.
§ 430-57 Existing isolated lots.
A.
In any district, notwithstanding limitations imposed by other provisions of this chapter, any parcel of land with an area or width, or both, less than that prescribed for a lot in the zone in which the lot is located may be used as a lot for any permitted purpose in the zone, subject to the following:
B.
A property owner must demonstrate that a lot was an isolated lot at the time of adoption of this chapter which made the lot nonconforming and that prior owners did not own adjoining property.
C.
In any district, notwithstanding limitations imposed by other provisions of this chapter, a lawful structure and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width and yard requirements shall be obtained only through action of the appropriate board.
[Amended 9-21-2005 by Ord. No. 1304-2005]
D.
If two (2) or more lots or a combination of lots and portions of lots within continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots does not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.