Except as herein provided, no building or premises shall be used except in conformity with the provisions of this chapter which apply to the district in which it is located. However, any nonconforming use existing at the date of adoption of this chapter may be continued, provided that the building or premises involved shall be neither altered nor enlarged unless the use shall be changed to a use permitted in the district. No nonconforming use, if once changed to a use permitted in the district in which it is located, shall ever be changed back to a nonconforming use.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use. No structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal to the Board of Adjustment. A prior nonconforming structure may be structurally altered if such alteration neither increases the existing nonconformity nor creates a new violation.

If any nonconforming building or structure shall be damaged by reason of fire, or any other cause, to an extent of less than fifty (50%) percent of the current replacement cost as determined in accordance with applicable State regulations, nothing shall prevent the restoration of such building or the continuance of the use of the building, or part thereof, after restoration as herein provided. Nothing in this chapter shall prevent the restoration of a wall declared unsafe by the Construction Official.

Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot provided all other provisions of this chapter and other applicable laws are met.

Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing buildings and all yards and other open space in connection therewith, and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located, and so that all lots have frontage on a street.

The Borough shall be entitled, in all districts, to operate and conduct governmental functions and to construct and utilize such structures necessary for its operations as determined by the Board of Commissioners.

All uses not expressly permitted in this chapter are prohibited.

The Borough has determined, pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), that all six classes of cannabis establishments, cannabis distributors, and cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, shall be prohibited uses in the Borough of Allenhurst.