ARTICLE 8.1 NONCONFORMING BUILDINGS AND USES
Section 8.l.1 Continuance, Modification and Expansion

Except as otherwise provided in this Article and the terms of the Order of Compliance, the lawful use of land or structures existing at the date of this Ordinance may be continued, although such use or building does not conform to the regulations specified by this Ordinance for the zone in which such land or building is located, provided, however. that

A.No non-conforming use may be changed to another non-conforming use

B.In the residential zones, no non-conforming single family dwelling and no single family dwelling on a non-conforming lot may be enlarged. extended or increased unless

1 Said enlargement, extension or increase by itself conforms with all requirements of the Zoning Ordinance and the dimensions and setback of said enlargement, extension or increase. when aggregated with the existing building do not create or increase any dimensional or setback violation of the Zoning Ordinance, and

2 The area of said enlargement. extension or increase. when aggregated with the area of the existing building, does not exceed the maximum lot coverage standard permitted in that zone

C.In the Downtown Development, Housing Business, and Downtown Housing Zones, no non-conforming building or structure or a building or structure housing or constituting such a use may be enlarged. extended, increased in intensity or altered unless

1 Said enlargement, extension or increase by itself conforms with all requirements of the Zoning Ordinance and the dimensions and setback of said enlargement, extension or increase, when aggregated with the existing building do not create or increase any dimensional or setback violation of the Zoning Ordinance, and

2 The area of said enlargement, extension, or increase in intensity. when aggregated with the area of the existing building does not exceed the maximum lot coverage standard permitted in that zone; and

3 The alteration is restricted to the exterior of the structure and is intended to and does result in bringing the structure into greater conformity with the design standards of this Ordinance, or

4. The enlargement, extension, increase in intensity. or alteration conforms with the design standards of this Ordinance and does not constitute an expansion of the intensity, gross floor area of the structure or square footage of the portion of the lot devoted to a non-conforming use of more than ten (10) percent For purposes of this Section, all enlargements, extensions, increases or alterations within any five-year period shall be aggregated and no combination exceeding the standards of this Section shall be permitted

D.Except for garages, no accessory building may be constructed incidental to a non-conforming building, except that in residential zones, an accessory building may be constructed incidental to a non-conforming single-family dwelling or a single-family dwelling on a non-conforming lot. provided that

1 The accessory building. by itself, conforms with all requirements of the Zoning Ordinance, and

2 The area of said accessory building. when aggregated with the area of the principal building. does not exceed the maximum lot coverage standard permitted in the zone

E. Any such structures may be repaired or restored in the event of partial destruction thereof pursuant to N J S A 40 55D-68 its amendments and supplements

Section 8.1.2 Abandonment

It shall be prima facie evidence that a nonconforming use has been abandoned when there has been a cessation of the exercise of such nonconforming use for a period of one (1) year commencing from the date of such cessation, and any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located

Section 8.1.3 Restoration

A.If any nonconforming building shall be partially destroyed by reason of Act of God, fire, explosion, or other act which the owner did not deliberately cause. same may be rebuilt, restored or repaired, but not expanded.

B.Nothing in this Ordinance shall prevent the strengthening. or restoring to a safe condition, of any wall, floor or roof which has been declared unsafe by the Construction Official

Section 8.1.4 Reversion

No nonconforming use shall, if once changed into a conforming use. be changed back again into a nonconforming use without the subsequent issuance of a variance

PART 9 - SUBDIVISION OF LAND