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Rockaway Township City Zoning Code

§ 54-30.4

Nonconforming uses and structures.

[Ord. No. 95-24 § 54-102]
The following provisions shall apply to uses and structures which lawfully existed prior to the adoption of the zoning regulations, Section 54-30, or any amendment thereof, but which do not presently conform to this section or amendment thereof:
A. 
Continuation permitted. Any nonconforming use or structure which lawfully existed at the time of adoption of this chapter or any amendment thereto may be continued upon the lot or in the structure so occupied. Any such nonconforming structure may be restored or repaired in the event of partial destruction thereof.
B. 
Subdivisions involving same. No lot containing a nonconforming use shall be subdivided so as to reduce the lot area of such lot. No lot containing a nonconforming structure shall be subdivided so as to increase the degree or extent of the nonconforming condition.
C. 
Expansions or alterations. The following provisions shall apply to the expansion or structural alteration of nonconforming structures or uses:
(1) 
Any nonconforming use or structure which is nonconforming because of use shall not be enlarged, extended or structurally altered in any manner whatsoever.
(2) 
No nonconforming structure may be structurally altered if the alteration would increase the degree or extent of the nonconforming condition, or would create any condition on the property that would not be in conformance with this chapter.
(3) 
A nonconforming use or structure changed or altered to a conforming use or structure may not thereafter be changed back to a nonconforming use or structure.
(4) 
A nonconforming use or structure shall not be changed or altered to diminish the nature, degree or extent of the nonconforming condition in one location while simultaneously increasing the nature, degree or extent of the nonconforming condition in another location on the property.
D. 
Abandonment of nonconforming uses. Notwithstanding the provisions of paragraph A above, in the event that there shall be an abandonment of any nonconforming use, such use shall not be permitted to continue. For purposes of administering this chapter, a nonconforming use shall be presumed to be abandoned if such use shall have ceased to operate for a period of 12 consecutive calendar months, absent a showing by the property owner, and a finding by the Zoning Board of Adjustment, that the use has not been abandoned, notwithstanding the cessation of operation. Any such hearing on abandonment shall be processed as an appeal pursuant to N.J.S.A. 40:55D-70a.
E. 
Restoration or repairs. Nothing in this section shall prevent restoration or continuance of a nonconforming building or structure which is partially destroyed by fire, explosion, act of God, or of any public enemy, or the like, and nothing in this section shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe by the Building Subcode Official, the Chief of the Township Fire Department or the Township Engineer.
F. 
Approved projects. Nothing in this section shall require any change in plans, construction or designated use of a structure or building for which a preliminary site plan and/or subdivision has been approved, provided the use and/or structure conforms to the terms of the approved plan, and provided that the period of protection provided by this chapter from changes in the zoning regulations has not expired.
G. 
Application for certificate of nonconforming status. The 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 the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant to this subsection may be made to the Administrative Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. Fees as required by this chapter shall accompany any such application. Denial by the Administrative Officer shall be appealable to the Zoning Board of Adjustment, and shall be processed as an appeal pursuant to N.J.S.A. 40:55D-70a.