Any lawful nonconforming use or structure which existed on May 7, 1979, may be continued and any existing structure designed, arranged, intended or devoted to a nonconforming use may be structurally altered subject to the following regulations

a A nonconforming use shall not be enlarged unless the use is changed to a conforming use, provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height, area and/or yard regulations said use may be enlarged providing the height, area or yard regulations are not further violated.

b. A nonconforming use changed to a conforming use shall not thereafter be changed back to a nonconforming use

c A nonconforming use in existence on May 7, 1979 shall not be permitted to be changed to another nonconforming use.

d. In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be prima facie evidence of an abandonment of the use Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.

Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been issued when construction has been diligently prosecuted within six months following the date of such permit, and completed within the term of such permit,

Any nonconforming use or structure existing on May 7, 1979 may be continued upon the lot or in the building so occupied and any structure may be restored or repaired in the event of partial destruction thereof

Nothing in this chapter shall be interpreted as implied authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect on May 7, 1979

The foregoing provisions of this chapter shall also apply to structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this chapter, or any subsequent change in the regulations of this chapter.

Any lot or plat as recorded at the time of passage of this Section that fails to comply with the minimum requirements of this Section may be used for any use not otherwise prohibited in such district in which it lies provided that:

a) Unimproved Nonconforming Lots. Notwithstanding any other provisions of this section, any existing lot (as of August 15, 2003), (including any vacant lot in the Residential One zone [RE-5]) of at least one acre regardless whether there is any other adjoining land owned by the owner of such lot, and which is nonconforming as to dimensions or area, may be improved with a new building or structure, in accordance with the use requirements of this section, provided that the minimum setbacks shall meet the former R-1 Zoning District requirements, including the environmental constraints calculation, which are:

(1) Minimum Lot Width -- 150 feet in the street line.

(2) Minimum Lot Depth -- 200 feet from the street line.

(3) Minimum Side Yard -- 30 feet each from the lot line.

(4) Minimum Front Yard -- 40 feet from the street line.

(5) Minimum Rear Yard -- 50 feet from the lot line.

(6) Maximum Building Coverage -- 10 percent of total lot area.

(7) Minimum Residential Floor Area -- 1,000 square feet.

**Webmasters Note: The previous section has been added as per Ordinance No. 2003-07.

a 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 stating that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming

b. Application pursuant hereto may 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

c Such application shall contain the name and address of the applicant, the nonconforming use so operated, the date on which the use commenced, the tax lot and block number of its location, any buildings or structures in which such use is contained or are necessary for the operation of such use, and the numbers and types of equipment and/or vehicles utilized in the operation of said use

d The applicant shall have the burden of proof as to all matters alleged. Where application is to the zoning officer it shall be in the form of an affidavit and shall be notarized. Where application is made to the zoning board of adjustment the application shall be processed as in the case of all other applications to said board Notice of such application shall be given in accordance with the provisions of N.J.S.A 40 55D-12.

e If the zoning officer falls or refuses to issue a certificate he shall notify the applicant in writing as to the reasons therefor within 45 days from the date of application Such denial may be appealed to the zoning board of adjustment in accordance with the provisions of N J S A. 40 55D-72, notice of which shall be given in accordance with N J S A 40 55D-12

f. An application to the zoning officer shall be accompanied by payment of a fee of ten ($10.00) dollars. Applications to the zoning board of adjustment shall be accompanied by a payment of the fee specified in subsection 13-25 8 e of this chapter.