§ 66-337. Continuance of non-conforming situation.

The lawful use of a structure or land or use of a structure and land existing at the time of the passage of the ordinance from which this chapter is derived may be continued although such use does not conform with the provisions of this chapter, provided such use conforms to the following provisions:

(1)

Minimum single lot requirements. Where the owner of a lot, or his successor in title thereto, does not own sufficient land to enable him to conform to the dimensional requirements of this chapter, the lot may be used as a building site for a single-family dwelling, provided that the minimum back, front and side yard requirements for the district in which the lot is located are met.

(2)

Extension in setback space. A structure that is non-conforming as to setback requirements, but conforms to the permissible use within the district in which it is located shall not be enlarged or extended in any direction, horizontally or vertically, into the required open space of the setback area, except for energy conservation enclosures as set forth in subsection (9) of this section, and changes in roof design as set forth in subsection (10) of this section.

(3)

Change of use. A non-conforming use shall be changed to only the uses that are permitted in this chapter for the district in which such non-conforming use is located.

(4)

Extensions. There shall be no extension in a non-conforming use that would increase building occupancy, building square footage, production, servicing or utility demands.

(5)

Repairs and alterations. Normal maintenance and repairs, and improvements of non-conforming buildings shall be permitted, provided that it does not violate subsections (2)—(4) of this section.

(6)

Damage or destruction. Any non-conforming structure or building containing a non-conforming use which has been damaged, destroyed, demolished or removed either by accident or natural causes may be reconstructed and used as before if a building permit is applied for within one year from the date of destruction, provided it does not violate subsections (2)—(4) of this section.

(7)

Cessation.

a.

A use shall be determined to have ceased if that use is interrupted or otherwise discontinued for a period of 180 consecutive days, regardless of the intent of the owner or occupant. Without excluding other factors, any one or more of the following factors may be the basis for determination that a use has ceased; removal of inventory, equipment or machinery; termination (or substantial reduction in the usage) of utility services; absence or substantial reduction in activity at the site compare with the former level of use; failure to maintain minimal hours of operation; voluntary demolition or lack of occupancy of the building in which the use was formerly conducted; removal of on-site signage or copy from that signage; or the failure to apply for or renew necessary licenses or permits, or to appeal from the denial of such.

b.

Once a non-conforming situation has been changed to a conforming situation, it shall not revert back to a non-conforming situation.

(8)

Transfer of non-conforming property. Non-conforming situations cannot be transferred with a lot if it is vacant at the time of transfer, except as noted in subsection (1) of this section.

(9)

Energy conservation. A covered entranceway already in existence within the setback area, which has a permanent foundation and floor and is covered by an existing roof may be enclosed for energy conservation purposes. The inside dimensions of the enclosure shall be less than 70 square feet in area.

(10)

Change of roof design. A flat roof may be changed to a pitched roof, provided that such roof shall not exceed a four to 12 ratio. The pitched roof shall not extend horizontally any further than the existing non-conforming situation, nor shall it exceed the current building height limitation. Gutters and downspouts shall be provided to control runoff when adjoining property would be affected as a result of this modification. Where gutters are required, they shall not encroach on the adjoining property.

(11)

Transfer of non-conforming use. A non-conforming use may be transferred to a new owner unless there has been a lapse of use for a period of one year (365 days).

(12)

Manufactured homes placed on leased spaces in manufactured home parks and mobile home and travel trailer parks. The number of manufactured homes that may be placed in a manufactured home park or mobile home and travel trailer park shall be the number of manufactured homes permitted under the operations permit issued for such park by the county health department and in effect as of July 27, 2004. This number shall apply notwithstanding the fact that a space in such park on which a manufactured home may be placed pursuant to the operations permit has been vacant for more than 12 consecutive months. Provided that no manufactured home may be placed in a manufactured home park or mobile home and travel trailer park unless such manufactured home is attached to the town or North Brunswick Sanitary District Sanitary Sewer Collection System, after such sewer system has been made available to the park in question.

(13)

Types of activities to bring site into compliance. Except as specifically stated in this section, the following types of activities shall cause the entire site to be brought into full compliance with the requirements found in this chapter, except those relating to parking which shall be exempt as stated in section 66-280(d):

a.

Any demolition where 50 percent or more of the total floor area is removed down to the foundation; or

b.

Any development or redevelopment, as defined in section 66-4, that disturbs 10,000 square feet of the total floor area or site area.

c.

In determining the 10,000 square feet of the total floor area or site area referred to in subsection (13)b. of this section, any area disturbed as the result of development or redevelopment occurring since March 21, 2013, shall be included.

(14)

Demolition, development or redevelopment of parking facilities. Except as specifically stated in this section, any demolition, development or redevelopment of a parking facility where 10,000 square feet of area is disturbed shall cause the entire parking, driveway and vehicular access area to be brought into compliance with the requirements found in article VIII of this chapter.

(Code 2003, § 30-352; Ord. No. 02-21, § 1(19.142), 6-20-2002; Ord. No. 04-27, § 1, 7-27-2004; Ord. No. 10-11, § 1, 5-20-2010; Ord. No. 13-07, §§ 2, 3, 3-21-2013)