Somerset Town City Zoning Code
ARTICLE V
Nonconforming Uses
§ 205-14 Existing uses.
Except as otherwise provided in this article, the lawful use of land or buildings 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:
A.
No nonconforming lot shall be further reduced in size.
B.
No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.
(1)
Exception if the nonconformance is an area setback, the structure may be modified if the new construction shall conform to the setback requirements stated in the Code, provided that the lot size conforms to the 100 feet of minimum width and 200 feet of minimum depth, or a minimum of 20,000 total square feet.
[Added 1-13-1998 by L.L. No. 2-1998]
C.
No nonconforming use may be expanded.
§ 205-15 Abandonment.
A nonconforming use shall be considered abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Also a certificate of occupancy shall be required.
§ 205-16 Restoration.
[Amended 6-10-1980]
Any building damaged by fire or other cause to the extent of 75% of true value which is nonconforming shall not be repaired or used unless the building shall conform to the requirements of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall or roof which has been declared unsafe by the Code Enforcement Officer.
§ 205-17 Reversion.
No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
§ 205-18 Alterations.
A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the assessed value of the building unless said building is changed to conform to the requirements of this chapter.
§ 205-19 District boundary changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
§ 205-20 Unlawful uses.
Notwithstanding any other provision of this chapter, any automobile wrecking yard or junkyard in existence in any R District and any billboard, advertising structure or nonconforming sign in existence in any district at the time of enactment of this chapter shall, at the expiration of a period of five years from such date, become a prohibited and unlawful use and shall be discontinued. Lawfully existing signs accessory to a nonconforming use or building shall not be subject to this provision.