Phillipsburg City Zoning Code
ARTICLE VI
Nonconforming Uses, Structures and Lots
§ 625-15 Preservation of nonconforming uses; continuance of use or structure; nonconforming lots.
A.
Any lawful nonconforming use which existed at the effective date of this chapter may be continued, but no such nonconforming use shall be extended or enlarged, and no structure by which a nonconforming use is occupied shall be structurally altered or reconstructed, unless the purpose of such extension, enlargement, reconstruction or alteration is designed or intended to make the use of the structure or land a conforming use under the terms of this chapter.
B.
Any building or structure which lawfully existed at the effective date of this chapter, which was nonconforming on such date by reason of its design, its placement on a conforming lot or its location on a nonconforming lot, and constituted an otherwise conforming use, may be continued.
C.
Any vacant lot which lawfully existed at the effective date of this chapter and was made nonconforming by its passage may be utilized for a permitted use. Permitted uses may be expanded on a developed, nonconforming lot, provided that all yard, setback, impervious coverage, parking, floor area ratio and height requirements of the zone are met.
§ 625-16 Preservation of permits.
Nothing contained in this chapter shall require any change in plans, construction or designated use of a building or structure for which a building permit has heretofore been issued and where actual construction has been commenced and is diligently pursued pursuant thereto.
§ 625-17 Change of use.
A.
No nonconforming use may be expanded or changed to another nonconforming use.
B.
If a nonconforming building or use is subsequently changed to a conforming use, it shall not again be altered or used except in accordance with the regulations of the district in which it is located and shall not thereafter revert to a nonconforming use.
C.
A nonconforming use in existence at the time of the passage of this chapter shall not be permitted to be changed to any use other than a conforming use.
§ 625-18 Extension and enlargement.
No nonconforming buildings shall be enlarged, extended or increased, except that, in residential zones, a single-family dwelling on a nonconforming lot may be enlarged, extended or increased if:
A.
Said enlargement, extension or increase by itself conforms with all requirements of this chapter and the dimensions and setback of said enlargement, extension or increase, when aggregated with the existing building, do not create or increase any dimension or setback violation of this chapter.
B.
The area of said enlargement, extension or increase, when aggregated with the area of the existing building, does not exceed the maximum lot coverage standard permitted in the zone.
§ 625-19 Alteration and repair.
Normal maintenance of a nonconforming building or structure or of a building or structure containing a nonconforming use is permitted, including necessary repairs and incidental alterations, provided that such repairs and alterations shall not increase the degree of nonconformity of the building nor extend the nonconforming use.
§ 625-20 Abandonment.
[Amended 4-1-1997 by Ord. No. O:97-11]
A.
In the event that there is a cessation of operation of any nonconforming use, the same shall be deemed to be an abandonment of the nonconforming use upon the happening of the concurrence of the following two factors:
B.
Replacement of the nonconforming use with any other use shall be deemed to act as an abandonment of the prior nonconforming use.
C.
Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.
§ 625-21 Destruction.
A.
If any nonconforming structure shall be totally destroyed by reasons of windstorm, fire, explosion or other act of God or the public enemy, such structure shall not be rebuilt except in conformity with the provisions of this chapter.
B.
Any nonconforming use or structure existing at the time of passage of this chapter may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of any partial destruction thereof.
§ 625-22 Permitted uses in nonconforming structures.
Any permitted use located in a nonconforming structure may continue in such structure in all aspects as if such structure conformed to the provisions of this chapter. Any permitted use may be replaced in whole or in part with any other permitted use, provided that no major structural alterations or changes affecting the exterior of such structure or extending or intensifying its nonconformity will be permitted for such purpose.
§ 625-23 Replacement of nonconforming use by a permitted use.
A nonconforming use may be replaced by a permitted use in a nonconforming structure under the same conditions.
§ 625-24 Replacement of nonconforming use by another.
A nonconforming use may be replaced by a more nearly conforming use (as determined by the Board of Adjustment[1]) but the area of land or building used for such new purpose may not be increased beyond that employed by the previous use. In determining whether a proposed new use is more or less nearly conforming than the preceding use, the Board of Adjustment shall consider its compatibility with the use of surrounding and nearby property, its influence on the neighborhood, and its consistency with the intent and purpose of this chapter as a whole with respect to any nuisance factor. (See § 625-3 for the definition of "nuisance factor.")
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).