Raritan Township City Zoning Code
ARTICLE XXI
Nonconforming Uses and Structures
[Amended by Ord. No. 05-37]
§ 296-179 Continuation of use, building or structure.
A use, building or structure lawfully in existence on the date of the passage of an ordinance, which shall be made nonconforming by such ordinance or any applicable amendment thereto, may be continued except as otherwise provided below.
§ 296-180 Regulation of nonconforming structures and uses.
No nonconforming structure or use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when changed to a conforming use or when required to do so by law as follows:
A.
Restoration and reconstruction. Any nonconforming use or structure damaged by fire, casualty or act of God resulting in a partial destruction thereof may be repaired and reconstructed and used as before, provided that the nonconforming use or structure shall not be extended or enlarged beyond what existed prior to such damage.
B.
Repairs. Normal maintenance repair or incidental alteration of a nonconforming use or structure is permitted, provided that it does not extend or expand the nonconforming use or structure beyond what existed prior to the alteration or repair. A building or other structure containing residential nonconforming uses or located on a nonconforming lot may be altered in any way to improve interior livability. However, no structural alterations shall be made which would increase the number of dwelling units, increase the floor area, or expand the building footprint.
C.
Expansion. The expansion of a preexisting nonconforming use or structure may be permitted only upon an application for a variance to the Zoning Board of Adjustment.
§ 296-181 Termination of nonconforming use or structure.
A nonconforming use or structure shall be considered abandoned and such nonconforming use or structure shall not thereafter be renewed if the nonconforming use or structure is changed to a conforming use or structure for any period of time, or by the total destruction of the use or structure, or upon a finding of an intent to abandon by the Zoning Board of Adjustment.
§ 296-182 Nonconforming lots.
Any vacant lot legally existing at the time the ordinance causing such nonconformity was enacted, made nonconforming by the passage of such ordinance or any applicable amendment thereto, may be utilized for a permitted use, provided that it meets the requirements for existing lots of record set forth in § 296-136 and Schedule I attached to this chapter. Permitted uses may be expanded on a developed nonconforming lot, whether or not the lot meets the requirements of an existing lot of record, provided that all yard, setback, hard surface coverage, parking, floor area ratio and height requirements of this chapter are met.
