Any lawfully existing use of land or use of structure and premises or any structured by virtue of its size or position on the land that is not in conformity with the provisions of this title at the time of its enactment, may be continued under the following conditions:

A.

A nonconforming use shall terminate upon abandonment at any time. In the case of discontinuance of any nonconforming open land use for a period of six consecutive months, the nonconforming open land use shall be presumed to be abandoned and any subsequent use of land shall conform to the regulations for the district in which such land is located. In addition, when a nonconforming use of a structure, or structure and premises in combination, is discontinued for a period of twelve (12) consecutive months, the nonconforming use shall be presumed to be abandoned and the structure or structure and premises in combination, as the case may be, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

B.

Notwithstanding the use restrictions contained in the Schedule of District Regulations and Section 17.12.060, any use existing on January 14, 1981, that is currently non-conforming or any use which was constructed based upon an approval granted pursuant to the Pinelands comprehensive management plan that is currently non-conforming, other than intensive recreational facilities and those uses which are expressly limited in Section 17.20.110, may be expanded or altered provided that:

1.

The use was not abandoned or terminated subsequent to January 14, 1981;

2.

The expansion or alteration of the use is in accordance with all of the minimum standards of Section 17.20.110; and

3.

The area of expansion does not exceed fifty (50) percent of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

C.

An existing structure devoted to a use not permitted by this title in the district in which it is located shall not be enlarged, extended, reconstructed or structurally altered in any way except as may be required for normal maintenance or to prevent damage or injury. A preexisting, nonconforming use in a structure may be changed to a use permitted in the district in which it is located.

D.

If no structural alterations are made, any nonconforming use of the structure, or structure and premises, may be changed to another nonconforming use subject to conditions imposed by the board of adjustment, provided that the board, by making findings in a specific case, shall find that the proposed use, as conditioned, is equally appropriate or more appropriate to the neighborhood than the existing nonconforming use.

E.

Any structure or structure and land in combination in or on which a nonconforming use is superceded by a permitted use shall thereafter conform to the regulations of the district in which such structure is located and the nonconforming structure or use shall not hereafter be reinstituted.

F.

A structure which, by reason of restrictions on area, lot coverage, height, yards or other characteristics that could not be built under the terms of this title:

1.

Shall not be enlarged or altered in a way which increases its nonconformity;

2.

Shall not be reconstructed except in conformance with this title should such structure be destroyed by any means to an extent of more than seventy-five (75) percent of its replacement costs at the time of destruction.

(Ord. No. 1997-4, § 11; Ord. 89-8 § 6.1)