[Amended 11-10-1980 by Ord. No. 1984; 11-9-2004 by Ord. No. 3918-04]

Except as otherwise provided in this chapter, the once lawful use of the land or a structure existing at the date of the adoption of this chapter may be continued although such use or structure does not now conform to the regulations specified by this chapter for the zoning district in which such use, lot or building is located.

A. Any cessation or discontinuance of a nonconforming use for a period of one year shall give rise to a rebuttable presumption that said nonconforming use has been abandoned. Such use shall not thereafter be reinstated, and any structures relating to said use shall not be reoccupied except in conformance with this chapter.

B. Any owner, tenant or any other person claiming an interest in the subject property contesting a finding of abandonment of a nonconforming use may appeal such determination to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70x. Said appellant shall have the burden of proof in establishing the nonabandonment of the nonconforming use.

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 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. The applicant shall have the burden of proof. 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 Board of Adjustment.

In conformance with N.J.S.A. 40:55D-68, any nonconforming use or structure existing at the date of the adoption of this chapter may be restored or repaired in the event of a partial destruction thereof. Any nonconforming use or structure which has been more than partially destroyed may not be restored or repaired.

No nonconforming use may be intensified, expanded or enlarged without the prior approval of the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d(2).

A. Any nonconforming single-family residential principal structure may be altered and/or improved, provided that said alteration or improvement does not result in the enlargement of the total square footage of the existing structure or the expansion of the existing footprint of the existing structure.

B. Any nonconforming single-family residential principal structure may be expanded and/or enlarged, provided that the following criteria are met:

(1) Said nonconforming structure is and/or contains a permitted use within the zoning district in which it is situated; and

(2) Said enlargement or addition is otherwise in compliance with the setback and height regulations of the zoning district in which the structure is located; and

(3) That said structure after the enlargement or addition continues to comply with the lot coverage and floor area ratio regulations of the zoning district in which the structure is located.

**Webmasters Note: The previous section has been amended as per Ordinance No. 4123-07.

C. No nonconforming commercial, industrial or Multifamily structure may be expanded or enlarged without the grant of a prior use variance [N.J.S.A. 40:55D-70d(2)] and/or site plan approval, as the case may be, by the appropriate municipal land use agency.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 4175-09.

A. No nonconforming lot may be further reduced in size.

B. No nonconforming lot may be developed without the prior approval of the Board of Adjustment or planning Board, as the case may be, except an existing single-family residential dwelling situated on a nonconforming lot may be expanded and/or enlarged, provided that such expansion and/or enlargement meets the criteria of § 348-4.6B(I), (2) and (3) and, further, permits for the construction of accessory single-family residential structures on nonconforming single-family residential lots shall be issued provided that said accessory structures otherwise conform to the setback, height, lot coverage and other applicable requirements of the zoning district in which the nonconforming lot is located.

No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this chapter.

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.