West Cape May City Zoning Code
§ 27-30.1
Nonconforming Uses.
[Ord. No. 428-09 § 27-30.1]
Municipal Land Use Law recognizes the rights of lawful pre-existing, nonconforming uses as follows: any nonconforming use or structure (lawfully) existing at the time of the passage of an (amendment to a zoning) ordinance 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. (West Cape May 2005 Master Plan Section 7.5.3 Pre-existing Nonconforming Uses)
Any nonconforming use of buildings or land may be continued indefinitely, but such buildings or uses:
a.
Shall not be enlarged, extended, or reconstructed, nor placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this ordinance, nor shall any external evidence of such use be increased by any means whatsoever.
b.
Shall not be moved to another location where such use would be nonconforming.
c.
Shall not be re-established if such use has been legally abandoned, or has been changed to, or replaced by, a conforming use.
d.
Shall not be restored for other than a conforming use after substantial destruction thereof.
A 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. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Planning Board, acting in its capacity as a Board of Adjustment.