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Upper Township City Zoning Code

§ 20-5.6

Nonconforming Uses, Structures and Lots.

[Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #009-2007, § 2; Ord. #008-2011; Ord. #023-2011; Ord. #006-2013; Ord. #008-2014 § 2; Ord. #011-2016 § 2]
a. 
The lawful use of land or structures existing at the date of adoption of this chapter, as amended, may be continued although such use or structure is nonconforming to the provisions specified in this chapter, as amended, for the zoning district in which such use or structure is located except as provided by law.
b. 
Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a nonconforming use or structure.
c. 
Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot provided all other provisions of this chapter and other applicable laws are met.
d. 
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use. Any nonconforming use may be restored or repaired in the event of partial destruction thereof, provided such restoration or repair neither increases the nonconformity nor creates a new violation. An existing nonconforming structure may be physically expanded by no more than 50% of the building area devoted to such use as of December 6, 1976, provided building setback and yard requirements and parking requirements are met and that the plan for expansion receives site plan approval by the Planning Board.
e. 
Any campground use excepting those in the Pinelands Area, existing as a conforming use immediately prior to the date of adoption of this chapter and which has been made a nonconforming use by the provisions of this chapter may be physically expanded as a right by no more than 50% of the land area currently devoted to such use provided that the use is not changed; that the tract area is not enlarged via the purchase of additional lands; that the site plan for such expansion receives approval by the Planning Board in accordance with the provisions of Chapter 23, Site Plan Review and that all applicable provisions of this chapter and all other Township ordinances are met.
f. 
Any lot upon which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
g. 
Any lots situated in the "AR," "C," "RR," "R," "R2," "TV," "TR," "PV," "RD," "F3," "F10," or "F25" Districts which:
1. 
Does not meet any one or more of the bulk standards shown on Schedule C[1] of the district in which the lot is situate, as defined by this chapter, as amended, and is a conforming use in the district; and
[1]
Editor's Note: Schedule C, referred to herein, is included as an attachment to this chapter.
2. 
Has a minimum frontage and width of 100 feet and a minimum area of 30,000 square feet; or has a minimum frontage of 120 feet and a minimum area of 20,000 square feet; or is a developed residential lot that has an existing legally occupied structure; may have a construction permit issued for use permitted in the zoning district provided each of the following conditions are met:
(a) 
Such a lot shall have been created by a subdivision plat or deed duly recorded in the Office of the Cape May County Clerk on or before August 31, 1986 or if situated in the "AR" District on or before October 9, 2007, which plat or deed shall clearly designate the lot as an individual parcel of land having either a minimum frontage and width of 100 feet and a minimum area of 30,000 square feet or a minimum frontage and width of 120 feet and a minimum area of 20,000 square feet; or is an existing developed lot; and
[Ord. #011-2016 § 2]
(b) 
Building coverage will not exceed 22% of lot area; and
(c) 
Parking requirements as defined by this chapter, are met; and
(d) 
Side and rear setback provisions of principal and accessory structures are reduced by the same percentage that the area of such lot bears to the zoning district requirements; provided however, that no principal side yard shall be less than 10 feet, except that in the "RR" District, no principal side yard shall be less than six feet and that no principal rear yard shall be less than 25 feet, except that in the "RR" District, no principal rear yard shall be less than 15 feet. No accessory side or rear yard setback shall be less than five feet; and
(e) 
Front yard depth and setback shall conform to those of adjoining property owners.
(f) 
Within the Pinelands Area, the owner of a parcel of land of an acre or more may construct a residential dwelling which will be the principal residence of the property owner or a member of the immediate family of the property owner, provided that;
(1) 
The parcel has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
(2) 
The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and
(3) 
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
(g) 
Impervious coverage will not exceed 70% of lot area; and
(h) 
There shall be no requirements to provide tree preservation or landscape buffer; and
(i) 
A developed residential lot that has an existing legally occupied structure may be reconstructed or replaced, if paragraphs (b) through (h) above can be met.
h. 
Notwithstanding the use restrictions contained in § 20-4, any lawful use existing in the Pinelands Area on January 14, 1981, other than intensive recreation facilities and those uses which are expressly limited in Subsection 20-5.14 may be expanded provided that:
1. 
The use was not abandoned or terminated subsequent to January 14, 1981.
2. 
The expansion of the use meets all of the minimum standards of Subsection 20-5.15; and
3. 
The area of expansion does not exceed 50% of the floor area, the area of the use, or the capacity of the use, whichever is applicable, as of January 14, 1981.
i. 
Structural alterations to permitted existing nonconforming uses and structures solely to elevate the structure to conform to the Flood Hazard Ordinance contained in Chapter 18 including but not limited to changes to height, stairs, steps, ADA-compliant ramps and related elements providing access to the first elevated floor shall not be considered an expansion of a nonconforming use or structure, and shall therefore be permitted without variance relief under N.J.S.A. 55d-70 providing the following:
1. 
There is no expansion in the existing footprint of the structure except for stairs, steps, ADA-compliant ramps and related elements providing access to the first elevated floor.
2. 
Stairs, steps, ADA-compliant ramps and related elements providing access to the first elevated floor shall not extend any closer than one foot to the property line.
3. 
The raising of the structure shall be limited to the minimum required to meet the requirements of Chapter 18.
j. 
Any lot in a residential zoning district, except for lots situated in the "PV," "RD," "F3," "F10" and "F25," not meeting the zoning requirements for a single-family residential unit may have a construction permit issued for an affordable housing single-family home provided that all of the following conditions are met:
1. 
The owner of the lot does not own any adjacent land and cannot either sell the lot to an adjacent owner or purchase adjacent land. The following documentation shall be submitted with zoning permit application to determine if the subject lot is an isolated lot which cannot acquire more land or be sold to an adjacent owner:
(a) 
Real estate appraisal of the property by a licensed real estate appraiser determining its fair market value as a single-family affordable housing building lot as defined in Subsection j2 below with the home to be constructed in accordance with the bulk standards contained in Subsection j3 to 17 below; and
(b) 
Letter offering to buy adjacent vacant property and/or sell your property to an adjacent owner at said fair market value pursuant to Subsection j1(a) above; and
(c) 
Provide evidence by copy of the letter sent with the return receipt requested sent to all adjacent property owners; and
2. 
The lot shall be deed restricted in perpetuity such that the residential unit shall be occupied by and affordable to households as defined by the Affordable Housing Rules as promulgated from time to time by the State of New Jersey, such that as of the adoption of this Subsection 20-5.6j, adopted November 14, 2011, said deed restriction shall require the property be occupied by households earning no more than 30% of the median income for Region 6 as adjusted for family size (Paragraph originally j was adopted November 14, 2011, as Subsection 20-5.6g3 and readopted May 27, 2014 as Subsection 20-5.6j); and
3. 
Said lot shall contain a minimum of 4,000 square feet; and
4. 
Building coverage shall not exceed 25%; and
5. 
Impervious coverage shall not exceed 50%; and
6. 
Parking requirements as defined by this chapter are met; and
7. 
Minimum side yard setback shall be six feet; and
8. 
Minimum rear yard setback shall be 15 feet; and
9. 
Minimum lot frontage and width shall be 40 feet; and
10. 
Front yard depth and setback shall conform to those of adjoining property owners; and
11. 
Maximum accessory structure coverage shall be 5%; and
12. 
Minimum accessory structure rear or side yard setback shall be five feet; and
13. 
Maximum building height shall be 20 feet; and
14. 
Minimum building size shall be 800 square feet; and
15. 
Maximum gross floor area shall be 1,200 square feet; and
16. 
Maximum number of bedrooms shall be no more than two bedrooms; and
17. 
Roof slope shall be a minimum of 4:1 slope.