Zoneomics Logo
search icon

Vineland City Zoning Code

§ 425-307

Conformity.

A. 
Zoning permit.
(1) 
An application for a zoning permit shall be submitted to the Zoning Officer prior to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building. Said application shall be accompanied by payment of a fee as established by this chapter.
(2) 
The Zoning Officer shall determine that such use, structure or building complies with the provisions of the Zoning Ordinance or variance therefrom authorized by the Planning Board or by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-60 or 40:55D-70.
B. 
Nonconforming use or structure.
(1) 
Any nonconforming use or structure may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. If, however, the cost to restore or repair a partially destroyed structure is greater than the tax assessed value of the structure prior to the partial destruction, restoration or repair is prohibited.
(2) 
Following intended abandonment of a nonconforming use, said nonconforming use shall not thereafter be reinstated nor shall any structure be occupied except in conformance with this chapter.
(3) 
A nonconforming use, once converted to a conforming use, shall not revert to the prior nonconforming use or to another nonconforming use.
(4) 
Changing a valid nonconforming use to another nonconforming use shall only be by resolution of the Zoning Board of Adjustment.
(5) 
Expansion of a nonconforming use shall require a use variance, which shall be by resolution of the Zoning Board of Adjustment, as provided in § 425-348A(4). Any application for expansion of a nonconforming use shall require submission of a plot plan to allow the Zoning Board of Adjustment to make an informed determination that the existing site improvements are adequate to serve the proposed use and to meet the minimum requirements necessary to protect the public health, safety and welfare. In the event that the existing site improvements are found to be inadequate, any approval of an expansion of a nonconforming use shall be conditioned upon site plan approval.
(6) 
An addition to a nonconforming structure is allowable, provided that the use of the property is permitted in the zoning district in which it is located and that the addition itself meets the area and bulk requirements for the lot, as established by § 425-308 of this article.
C. 
Nonconforming lot.
(1) 
A lot which does not conform to the standards set for the smallest lot allowable in the zoning district in which it is located, but which has been duly recorded under law, may be used for the purposes permitted on the smallest lot allowable in the zoning district in which it is located, provided that the proposed construction meets the yard requirements for the lot, as established by § 425-308 of this article.
(2) 
A nonconforming lot shall not be reduced in area or dimensions.
D. 
Certificate of zoning compliance and certification of nonconforming use or structure.
(1) 
The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a use or structure exists may apply, in writing, to the Zoning Officer for the issuance of a certificate certifying that the use or structure complies with the provisions of this chapter or authorized variance therefrom. The Zoning Officer shall be entitled to demand and receive for such certificate issued by him a fee as established by this chapter.
(2) 
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, to the Zoning Officer for the issuance of a certification certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. The application for such certification shall be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. Denial by the Zoning Officer shall be appealable to the Zoning Board of Adjustment. The Zoning Officer shall be entitled to demand and receive for such certification issued by him a fee, as established by this chapter. Should the prospective purchaser, prospective mortgagee or other interested person request that the Zoning Officer research past ordinances and approvals on his behalf, an additional fee, as established by this chapter, shall be charged.