Tuckerton City Zoning Code
ARTICLE IX
Nonconformance
§ 255-64 Extension or enlargement.
A.
A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the zone involved.
B.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
§ 255-65 Continuance.
Upon the adoption or amendment of this chapter, if a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption.
B.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption of this chapter.
C.
If any such nonconforming use of land ceases for any reason for a period more than 10 years, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which subject land is located.
[Amended 3-19-1979 by Ord. No. 2-1979]
§ 255-66 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, years or other characteristics of the structure or its location on the lot, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
A.
No such structure may be enlarged or altered in a way which increases its nonconformity.
B.
Should such structure be partially destroyed by any means, said structure can be restored or repaired, provided that there is compliance with the provisions of § 255-65 of this chapter.
[Amended 4-20-1981 by Ord. No. 2-1981; 7-6-1992 by Ord. No. 11-1992]
C.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.
§ 255-67 Repairs and maintenance.
A.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
B.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
