N.J. Admin. Code § 19:31C-3.22

Current through Register Vol. 56, No. 23, December 2, 2024

Section 19:31C-3.22 - Nonconforming uses, lots, and structures; temporary uses

(a) The following concern nonconforming uses, lots, and structures:

1. The following apply to nonconforming uses:

i. Any nonconforming use of land or structure, or portions thereof, may be continued if otherwise lawful, subject to the provisions of this section.

ii. A nonconforming use shall not be extended, expanded, or increased in intensity, or otherwise altered so as to increase the degree of nonconformity.

iii. A nonconforming use shall not be changed to any use other than a use permitted in the development district. When a nonconforming use has been changed to any permitted use, it shall not thereafter revert to a nonconforming use.

iv. No nonconforming use shall be moved in whole or in part for any distance to any location on the same or any other lot, unless such use conforms to the requirements of the development district in which it is located after being so moved.

v. When a nonconforming use is discontinued or abandoned for 12 continuous months, any subsequent use or occupancy of the land or structure in which the nonconforming use was located shall comply with the rules of the development district in which it is located.

vi. No use that is accessory to a principal nonconforming use shall continue after such principal use has ceased or terminated, unless otherwise permitted by the applicable rules.

2. The following apply to nonconforming structures/buildings:

i. Any nonconforming structure/building, or portion thereof, may be continued if otherwise lawful, subject to the provisions of this section.

ii. No nonconforming structure/building shall be enlarged or added to in any manner unless such enlargement or addition conforms to the requirements of the development district in which it is located.

iii. No nonconforming structure/building shall be moved in whole or in part for any distance to any other location on the same or any other lot, unless the entire structure shall thereafter conform to the requirements of the development district in which it is located after being so moved.

iv. Nonconforming structures/buildings may be maintained, repaired, or remodeled, including the incidental repair, installation, or relocation of nonbearing partitions, fixtures, wiring, or plumbing, provided that such maintenance, repair, or remodeling shall not create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure. Nothing in this subchapter shall be deemed to prevent the strengthening or restoration of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety.

v. In the event that a nonconforming structure/building is subject to partial destruction, by any means, such structure shall not be restored unless site plan approval is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

vi. In the event that a nonconforming structure/building is subject to substantial destruction, by any means, such structure shall not be restored unless it conforms to the requirements for the development district in which it is located and a zoning certificate is obtained.

vii. Notwithstanding the provisions of this section, any structure that is devoted to a nonconforming residential use in any development district may be remodeled, extended, expanded, and enlarged, provided that after any such remodeling, extension, expansion, or enlargement, such structure shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work.

(b) The following concern temporary uses and structures:

1. The planning board may permit temporary uses and structures under circumstances that will serve to facilitate the redevelopment of the Fort Monmouth Project Area and/or protect the public health, safety, and welfare. Restrictions and requirements applicable to permanent structures within the Fort Monmouth Project Area may be partially or totally modified for a temporary period in order to facilitate the construction of a redevelopment project and/or protect the public.

2. Temporary uses and structures shall be subject to site plan approval by the planning board (which may be included as part of the site plan approval for the project to which it relates), and only in conjunction with an approved site activity within the Fort Monmouth Project Area, such as construction or site remediation, or in order to provide protection for the public.

3. The planning board shall evaluate temporary structures and uses on a case-by-case basis. No approval shall be granted unless the applicant demonstrates the following:

i. Temporary uses and structures may be approved when evidence is provided to show that the structure or use serves a purpose that will facilitate redevelopment of the Fort Monmouth Project Area and/or protect the public health, safety, and welfare; and

ii. Temporary uses and structures shall comply with all applicable rules, unless otherwise permitted by planning board, with the Authority's consent.

4. The maximum duration of any temporary use shall be limited. The Planning Board, with the Authority's consent, shall determine the maximum duration of a temporary use or structure.

N.J. Admin. Code § 19:31C-3.22