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Packet · Jun 26, 2012

Conference/Public Meeting Agendas/Documents — Packet

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Page 127

DRAFT PROPOSED REVISIONS – OCTOBER 2011 1. Any building or structure, or the use of any lot or land which complies with the regulations of this chapter or any amendments. 2. All conditional uses granted pursuant to this chapter or pursuant to a previous zoning ordinance. c. No unlawful structure or use of a structure, lot or land that existed on January 25, 1978, shall be deemed to be a lawful nonconforming structure or use. d. Any nonconforming use or structure existing at adoption of this chapter may be continued upon the lot or in the building so occupied and any such structure may be restored or repaired in the event of destruction of not more than fifty (50%) percent of the total value of the structure. e. A nonconforming use shall not be enlarged or extended. A nonconforming use shall be changed only to a conforming use. f. A nonconforming use shall be deemed to have been abandoned: 1. When it is changed to a conforming use. 2. When it has been voluntarily discontinued for a period of twelve (12) consecutive months. Any nonconforming use that has been abandoned shall not thereafter be reinstated. g. In any residential district, notwithstanding any stipulations of district regulations governing minimum required lot area, lot width and lot area per familyunit, a one (1) family dwelling may be erected on any lot separately owned and not adjacent to any lot in the same ownership on September 7, 1977. h. Reserved. i. Prior to the issuance of a building permit or certificate of occupancy for any permitted or nonconforming use the applicant shall apply for site plan approval to the board having the proper jurisdiction. Any one (1) or two (2) family dwellings located in a residential district which do not require any bulk variances shall be exempt. (Ord. No. 904-88 § 25-6.1; Ord. No. 991-89; Ord. No. 1486-97 § 1) 25-24.2 Conditional Uses. a. General Requirements. Pursuant to the provisions of the Municipal Land Use Law, the Planning Board shall have the power to grant conditional uses on particular sites, according to the definite specifications and standards set forth in Section 25-24.2b. without a specific finding of practical difficulty or undue hardship, subject to the

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particular sites, according to the definite specifications and standards set forth in Section 25-24.2b. without a specific finding of practical difficulty or undue hardship, subject to the following stipulations and guiding principles: 1. Such use shall be one which is specifically authorized as a conditional use by the Table of District Regulations, for the location in the district within which such particular site is located. 2. Such use shall be so designed as to safeguard the public health, safety and general welfare and shall in addition provide reasonable consideration, among other things for: (a) The character of the neighborhood or district. (b) The conservation of property value. (c) The direction of building development in accordance with the Master Plan or any part thereof which has been adopted by the Township Planning Board. 3. Such use, in appropriate cases, shall be provided with adequate access facilities from public streets and sidewalks to assure the public safety and to avoid traffic congestion and with adequate parking facilities and driveways for circulation within the site. Comment [PG72]: vague and inappropriate standards 110

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