Barnegat Light City Zoning Code
§ 215-15
Nonconforming buildings and uses.
A.
Continuances. Except as otherwise provided in this section, the lawful use of land or buildings existing may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which the land or building is located; provided, however, that:
(1)
No nonconforming lot shall be further reduced in size without a variance.
(2)
No nonconforming building which was erected pursuant to and in conformity with the Zoning Ordinance shall be enlarged or altered in a manner which would increase the degree of nonconformity without a variance. Where the owner of a nonconforming building as stated herein seeks a building permit which will enlarge or alter the building but not increase the degree of nonconformity, plans for the proposed enlargement or alteration shall be provided to the Zoning Officer, who shall issue a certificate that the proposed enlargement or alteration will not increase the degree of nonconformity. If the Zoning Officer finds that the enlargement or alteration will increase the degree of nonconformity, he shall issue a certificate so stating, and no building permit shall then be issued without prior approval by the Zoning Board of Adjustment or the Planning Board of the Borough of Barnegat Light, in the appropriate case.
(3)
No nonconforming use may be expanded without a variance.
B.
Abandonment. A nonconforming use shall be adjudged as 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 the period of one year from the date of cessation or discontinuance. Such use shall not be reoccupied except in conformity with this chapter.
C.
Restoration. Any nonconforming use or structure existing at the time of passage of an ordinance may be restored or repaired in the event of partial destruction thereof.
D.
Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
E.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.