N.J. Admin. Code § 19:4-6.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 19:4-6.1 - Nonconforming lots, uses and structures

(a) The following apply to nonconforming lots of record:

1. In any zone, notwithstanding the regulations imposed by any other provision of this chapter, a building designed for any permitted use may be erected on a lot that is not less than 25 feet in width and that consists entirely of a tract of land that:

i. Has less than the prescribed minimum lot area, width or depth;

ii. Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would have been prohibited by any zoning regulation; and

iii. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by applicable zoning restrictions.

2. Construction shall comply with all the regulations (except lot area, width and depth) applicable in the zone in which the lot in question is located, provided, however, that the width of any side yard need not be greater than that derived by applying the following formula (wherein X equals the width of each required side yard):

X	=	Minimum side yard required by zoning regulations
..................		...................................................
Actual lot width		Minimum lot width required by zoning regulations

3. Except where otherwise permitted, no side yard shall be reduced to less than five feet for a single-family or two-family dwelling, or less than 10 feet for all other uses.

(b) The following apply to lawful nonconforming uses:

1. Any use of land or structure, or portions thereof, that does not comply with the regulations in the zone in which it is located may be continued if otherwise lawful, subject to the provisions of these regulations.

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

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

4. 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 regulations of the zone in which it is located after being so moved.

5. 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 regulations of the zone in which it is located.

6. 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 zoning regulations.

(c) The following apply to nonconforming structures:

1. Any structure, or portion thereof, that does not comply with the applicable regulations in the zone in which it is located, may be continued if otherwise lawful, subject to the provisions of these regulations.

2. No nonconforming structure shall be enlarged or added to in any manner unless such enlargement or addition conforms to the regulations of the zone in which it is located.

3. No nonconforming structure 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 regulations of the zone in which it is located after being so moved.

4. Nonconforming structures 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 these regulations 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.

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

6. In the event that a nonconforming structure is subject to substantial destruction, by any means, such structure shall not be restored unless it conforms to the regulations for the zone in which it is located and a zoning certificate is obtained.

7. Notwithstanding the provisions of this section, any structure that is devoted to a nonconforming residential use in any zone 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.

N.J. Admin. Code § 19:4-6.1