Except as otherwise provided in this article,
the lawful use of land or buildings at the date of adoption of this
chapter may be continued, although such use or building does not conform
to the regulations specified by this chapter for the zone in which
such land or building is located, provided that:
A.
No nonconforming lot shall be further reduced in size.
B.
No nonconforming building shall be enlarged, extended,
or increased, unless such enlargement would tend to reduce the degree
of nonconformance; except that, as to any nonconforming single-family
residential structure, enlargement, extension or increase may be permitted
if such enlargement, extension or increase does not exacerbate any
existing nonconformity, nor create any new nonconformity.
[Amended 12-19-2017 by Ord. No. O-17-18]
C.
No nonconforming use may be expanded.
A nonconforming use shall be adjudged abandoned
when there occurs a cessation of any such use or activity by an apparent
act or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Such use shall not be reoccupied, except in conformance
with this chapter.
No nonconforming use shall, if once changed
into a conforming use, be changed back to a nonconforming use.
Whenever a nonconformity is created by or exists
solely by reason of the exercise of a governmental right of eminent
domain subsequent to the effective date of this section, no bulk variance(s),
i.e., lot area, side yard setback, front yard setback, etc., shall
be required to use the property as though it were conforming in that
respect. The "exercise of governmental right of eminent domain", for
purposes of this section, shall be evidenced by the filing of an eminent
domain complaint by a governmental entity in a court of competent
jurisdiction, which complaint shall set forth the taking of property
which results in the nonconformity from which relief is sought. In
the absence of the filing of such a complaint or if the eminent domain
proceeding was subsequently abandoned by the governmental entity,
there shall exist a presumption that the nonconformity was not created
by or exists solely by reason of the exercise of a governmental right
of eminent domain unless the governmental entity has properly authorized
and executed a written instrument recorded in the Monmouth County
Clerk's Office within 30 days of its execution, evidencing the fact
that a particular conveyance of property was made to it, or to a third
party at its request, which conveyance results in the nonconformity
from which relief is sought.
A nonconforming structure or building may be
restored or repaired in the event of partial destruction thereof.
In no event shall restoration or repair result in any increase in
the size of the nonconforming structure or building, or an increase
in intensity of the nonconforming use. All restoration and repair
shall be in accordance with current development standards and requirements
except as protected by the nonconforming status. "Partial destruction"
as used herein shall be determined on a case-by-case basis. As a guide
in this determination, the Zoning Officer shall liberally apply the
concept of partial destruction. Until more definitive guidance is
provided by the legislature or through judicial determinations, in
circumstances where the decision is debatable, the Zoning Officer
shall determine the destruction to be partial.
Whenever this chapter or the Zoning Map shall
be modified, amended, or supplemented, the foregoing provisions shall
also apply to any nonconforming uses, structures, or building created
thereby.
