Zoners Grant Certificate of Nonconformity

What happens when the zoning changes in a neighborhood and you want to buy or sell?

You may have to prove that the now non-conforming use existed previously and get a certificate of nonconformity from the zoning board.

Several cases have come up recently, the latest having been heard last night at the Zoning Board of Adjustment. It was actually the second session in which an attorney, the seller and the buyer aimed to prove that a Crescent Avenue building was a legal 7-family dwelling.

The hearing began in December, but the applicants needed to do more research. On Wednesday, presenters relied on architectural resources of the Plainfield Public Library from 1953, a city ordinance dating back to 1993 and testimony from both the previous and new owners to convince the zoning board that the  building passed muster as a 7-family. Currently, only 1- and 2-family dwellings are permitted. The board agreed to grant a certificate of nonconformity, but with the condition that all seven apartments must be inspected and receive certificates of compliance with the city's property maintenance code.

Last September, the owner of a Garfield Avenue repair shop won a certificate of nonconformity with evidence dating back to 1965.

In March 2014, the zoning board approved another such application:
The third application on March 5 was for a "certificate of nonconformity" for retail/commercial use at a building in the North Avenue Historic District. Daniel Rivera and Mario Camino and their attorney, Jay Bohn, were able to use architectural documents from the city and Plainfield Public Library's archive to prove that the building at 130-32 North Avenue had a commercial use on the first floor and six apartments on three upper floors. Bohn used permits from 1939, 1940, 1977, 2002 and 2004 to prove the point.

A New Jersey law firm published an overview of the issue of nonconformity in 2012, stressing the three things an applicant must prove in order to obtain a certificate on nonconformity. Plainfield is experiencing a surge of development across the city and also has new zoning to reflect transit-oriented development. Realtors, developers and property owners in general might do well to study up on the topic.

--Bernice