Rumson City Zoning Code

Continuation of Nonconforming Lots, Uses, Buildings and Structures. 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 lot, use, building or structure does not conform to the regulations specified by this chapter for the zone in which such lot, use, building or structure is located; provided, however, that:

Abandonment of Nonconforming Use. A nonconforming use shall be deemed to be abandoned where there is: (1) an intention to abandon as well as (2) an external act (or omission to act) by which such intention is carried into effect.

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.

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.

Restoration of a Nonconforming Structure. If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored or repaired, except in conformity with this chapter.

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.

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.

Certification of Pre-Existing Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Board of Adjustment may issue a certificate in accordance with subsection 22-3.4d, 3, certifying the legality of a pre-existing nonconforming use, building, or structure.

Alterations and Additions. Alterations, as applied to a nonconforming building or structure, shall include only a change or rearrangement of interior partitions, the structural supports or a change in exterior appearance.

A nonconforming building or structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structures. More substantial alterations are not permitted without Board approval.

The physical expansion of a structure or the intensification of a use associated with a nonconforming building or structure is considered an addition. Furthermore, these types of additions to nonconforming buildings and structures are not permitted except as provided in subsection 22-7.3f,2.

Nonconforming Lots, Buildings and Structures.

Prior Approved Construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been hereto before issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the adoption of this chapter.

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.