Weymouth City Zoning Code
ARTICLE IV
Nonconforming Uses, Lots and Buildings
§ 155-19 Continuance of nonconforming uses.
Except as otherwise provided in this chapter, the lawful use of the land or a building 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 is conforming.
C.
No nonconforming use may be expanded.
§ 155-20 Abandonment.
A.
A nonconforming use shall be deemed to be abandoned where there is an intention to abandon as well as an external act (or omission to act) by which such intention is carried into effect.
B.
It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one year.
C.
When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this chapter.
§ 155-21 Restoration.
A.
If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored or repaired, except in conformity with this chapter.
B.
Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.
C.
Nothing in this chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Code Official.
§ 155-22 Reversion.
A.
No nonconforming use shall, if once changed to a conforming use, be changed again to a nonconforming use.
B.
No nonconforming use shall be changed to or substituted for any other nonconforming use.
§ 155-23 Alterations.
A.
Alterations, as applied to a nonconforming structure, shall only include a change or rearrangement in the structural supports or a change in the exterior appearance of a structure.
B.
A nonconforming structure may not be enlarged, extended, increased in height, width or depth; moved or relocated; or modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms; unless such structure is changed to a structure conforming to the requirements of this chapter.
C.
A nonconforming structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alterations are not permitted unless the structure is changed to conform to the requirements of this chapter.
D.
Nonconforming improved lot. When an improved lot of record in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
[Added 8-1-2012 by Ord. No. 508-2012]
(1)
The number of dwelling units shall not be increased even if such increased number of dwelling units is allowed in the zone unless approved by the Planning Board.
[Amended 12-2-2015 by Ord. No. 543-2015]
(2)
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming including any vertical additions of any type.
(3)
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage permitted in the zone.
(4)
Any existing and proposed improvement on the nonconforming improved lot shall conform to all other zone standards.
(5)
No nonconforming lot shall be made more nonconforming through subdivision, resubdivision or any such other action. Where two or more contiguous, nonconforming lots are in common ownership, these lots shall be considered combined for the purposes of meeting the requirements of this chapter. Such combined lots shall not be subdivided or resubdivided except in conformance with this chapter.
§ 155-24 Expansion within the Pinelands Area.
[Amended 8-20-1997 by Ord. No. 349-97]
Notwithstanding the use restrictions contained in this chapter, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in § 155-57, may be expanded or altered, provided that:
A.
The use was not abandoned or terminated subsequent to January 14, 1981.
B.
The expansion or alteration of the use is in accordance with all of the minimum standards of § 155-57.
C.
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, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
§ 155-25 Previously approved construction.
Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretobefore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year form the date of the adoption of this chapter.
§ 155-26 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.
§ 155-27 Certificate of nonconforming structures and uses.
[Amended 12-2-2015 by Ord. No. 543-2015]
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 existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Administrative Officer (Zoning 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. The Administrative Officer (Zoning Officer) shall be entitled to demand and receive for such certificate issued by him or her a fee of $100 made payable to the "Township of Weymouth." Denial by the Administrative Officer (Zoning Officer) shall be appealable to the Planning Board; N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to applications or appeals to the Planning Board.
§ 155-28 Exemption from density limitations.
[Added 11-16-1988 by Ord. No. 290-88; amended 3-1-1989 by Ord. No. 291-89; 3-1-1989 by Ord. No. 293-89; 8-20-1997 by Ord. No. 349-97]
Notwithstanding the density limitations or other provisions of this chapter, a single-family dwelling may be developed on a parcel of land of one acre or more in the Pinelands Area, provided that:
A.
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
B.
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.
C.
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.
D.
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.