Red Bank City Zoning Code
ARTICLE IV
Nonconforming Uses, Lots and Structures
§ 490-21 Continuance of existing uses.
A.
Except as otherwise provided in this chapter, the lawful use of the land or a building existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:
B.
Certificate of lawful preexisting use or structure.
(1)
A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of this chapter which rendered the use or structure nonconforming. The applicant shall have the burden of proof.
(2)
Application pursuant hereto may be made to the administrative officer within one year of the adoption of this chapter which rendered the use or structure nonconforming or at any time to the Board of Adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15. The fees collected by the official shall be paid by him to the municipality. Denial by the administrative officer shall be appealable to the Board of Adjustment. Sections 59 through 62 of P.L. 1979, c. 291 (N.J.S.A. 40:55D-72 to N.J.S.A. 40:55D-75), shall apply to applications or appeals to the Board of Adjustment.
§ 490-22 Abandonment.
A.
A nonconforming use shall be deemed to be abandoned where there is an intention to abandon, as well as an external act (or omission to act) by which such intention is carried into effect.
B.
It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one year.
C.
When a nonconforming use has been abandoned, such use shall not thereafter be reinstated, and any structure shall not thereafter be reoccupied, except in conformance with this chapter.
§ 490-23 Restoration.
A.
If any nonconforming structure is more than partially destroyed by fire, flood, earthquake, wind or other natural occurrence, then said structure can only be rebuilt in conformance with this chapter, except where the rebuilding can meet all of the following:
[Amended 7-26-2017 by Ord. No. 2017-19]
(1)
Where the structure contained a permitted use at time of destruction, and will continue to do so after it is rebuilt, or where the structure is a nonpermitted one- or two-family dwelling;
(2)
Where the structure would not require site plan approval pursuant to this chapter; and
(3)
Where the structure will be rebuilt on or within the existing building footprint.
B.
Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.
C.
Nothing in this chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Official.
§ 490-24 Reversion.
§ 490-25 Alterations and additions.
[Amended by Ord. No. 1988-21]
A.
Alterations, as applied to a nonconforming structure, shall only include a change or rearrangement in the structural supports or a change in the exterior appearance of a structure.
B.
A nonconforming structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alterations are not permitted unless the structure is changed to conform to the requirements of this chapter.
C.
A nonconforming structure may not be enlarged, extended, increased in height, width or depth, moved or relocated, modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms, unless such structure is changed to a structure conforming to the requirements of this chapter, except that an existing one- or two-family structure (principal or accessory) may be enlarged, extended or added to, provided:
(1)
The structure is located on a lot which conforms to minimum lot area requirements; and
(2)
The enlargement, extension or addition conforms to all yard requirements; or
(3)
The portion of the enlargement, extension or addition which does not conform to yard requirements consists entirely of the enclosure of existing side or rear porches; or
(4)
The portion of the enlargement, extension or addition which does not conform to yard requirements is located entirely to the rear of the existing nonconforming structure, has a side yard setback not less than the existing nonconforming structure and conforms to all other bulk requirements.
D.
Accessory structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal structure unless:
§ 490-26 Prior approved construction.
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this chapter.
§ 490-27 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.