N.J. Admin. Code § 7:50-5.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:50-5.2 - Continuation, expansion and changes of existing uses

(a) Notwithstanding the use restrictions contained in Part III of this subchapter, a municipality may permit the continuation of any nonconforming use, provided that such use is not abandoned, and further provided that no such use shall be expanded, altered, or changed to another nonconforming use, except as provided in (b) and (c) below.

(b) Notwithstanding the use restrictions contained in Part III of this subchapter, a municipality may permit the expansion or alteration of any nonconforming use existing on January 14, 1981 or any nonconforming use which was constructed based upon an approval granted pursuant to this Plan, other than intensive recreation facilities and those uses which are expressly limited in N.J.A.C. 7:50-6, provided that:

1. The use was not abandoned or terminated subsequent to January 14, 1981;

2. The expansion or alteration of the use is in accordance with all of the minimum standards of N.J.A.C. 7:50-6; and

3. The area of expansion does not exceed 50 percent of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981 or which was approved pursuant to this Plan.

(c) A municipality may include in its ordinance a provision which, notwithstanding the use restrictions contained in Part III of this subchapter, permits a change in any nonconforming use existing on January 14, 1981 or any nonconforming use which was constructed based upon an approval granted pursuant to this Plan, other than those uses which are expressly limited in N.J.A.C. 7:50-6, provided that:

1. The use was not abandoned or terminated subsequent to January 14, 1981;

2. The new use is in accordance with all of the minimum standards of N.J.A.C. 7:50-6 including 7:50-6.84(a)4, unless a new septic system permit will not be required as a result of the change in use, in which case the standards of 7:50-6.83(b) and (c) must be met; and

3. The area, capacity, and intensity of the new use is comparable to that of the existing use.

(d) A municipality may limit the application of (a), (b) and (c) above to those uses which conformed to its zoning ordinance as of January 14, 1981.

N.J. Admin. Code § 7:50-5.2

Amended by R.1990 d.170, effective 3/19/1990.
See: 21 New Jersey Register 3381(a), 22 New Jersey Register 948(a).
In (b), added "and not subsequently abandoned".
Amended by R.1994 d.590, effective 12/5/1994.
See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a).
Amended by R.1995 d.449, effective 8/21/1995.
See: 27 New Jersey Register 1557(a), 27 New Jersey Register 1927(a), 27 New Jersey Register 3158(a).
Amended by R.2007 d.372, effective 12/3/2007.
See: 39 N.J.R. 1970(a), 39 N.J.R. 5077(b).
Section was "Expansion and changes of existing uses". Added new (a), recodified former (a) through (c) as (b) through (d); in the introductory paragraph of (b), inserted "nonconforming" preceding "use" twice and deleted "that is currently non-conforming" following "1981" and "which is currently non-conforming" following "Plan"; in the introductory paragraph of (c), inserted "nonconforming" preceding "use" twice and deleted "that is currently non-conforming" following "1981" and following "Plan"; and in (d), substituted ", (b) and (c)" for "and (b)".