Shrewsbury City Zoning Code
ARTICLE IV
Nonconforming Uses, Lots and Buildings
§ 94-4.1 Continuance of nonconforming uses and use of undersized lots.
[Amended 12-7-2020 by Ord. No. 2020-1077]
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 nonconformance.
(1)
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 in accordance with N.J.S.A. 40:55D-68. The applicant shall have the burden of proof.
(2)
Application pursuant hereto may be made to the administrative officer (Zoning Officer) within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Land Use Board. The administrative officer (Zoning Officer) shall collect a fee for such certificates in accordance with § 94-3.14 of this chapter. Denial by the administrative officer shall be appealable to the Land Use Board in accordance with N.J.S.A. 40:55D-72 through 40:55D-75 and §§ 94-3.1 and 94-3.3 of this chapter.
§ 94-4.2 Abandonment.
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.
§ 94-4.3 Restoration.
A.
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.
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.
§ 94-4.4 Reversion.
No nonconforming use shall, if once changed to a conforming use, be changed again to a nonconforming use. No nonconforming use shall be changed to or substituted for any other nonconforming use.
§ 94-4.5 Alterations and additions.
[Amended 5-11-1998 by Ord. No. 748]
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. 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.
B.
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-family structure may be enlarged, extended or added to, provided:
(1)
The enlargement, extension or addition conforms to all zone requirements; or
(2)
The portion of the enlargement, extension or addition which does not conform to zone requirements consists entirely of the enclosure of existing side or rear porches; or
(3)
The portion of the enlargement, extension or addition which does not conform to zone 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.
§ 94-4.6 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 heretofore 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.
§ 94-4.7 District boundary 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.