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 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.