Lakehurst City Zoning Code
§ 25-27.25
Nonconforming Uses, Structures, or Lots.
[Ord. No. 11/18; Ord. No. 5/24/82; Ord. No. 12/82 § VIII]
The lawful use of land, buildings, or structures existing when this chapter was adopted may be continued on the lot or in the structure although they may not conform to this chapter and any such structure may be restored or repaired in the event of partial destruction thereof provided, however, that none shall be enlarged, extended, relocated, converted to another use, or altered except in conformity with this chapter, except as permitted below. Land on which nonconforming use or structure is located and any nonconforming lot shall not be subdivided or resubdivided so as to be made more noncon-forming in any manner.
a.
Abandonment. A nonconforming use shall be considered abandoned: (1) if it is terminated by the owner; (2) if a nonconforming use involving a structure is discontinued for 12 consecutive months; or (3) if a nonconforming use of land without structure(s) ceases for a period of six months. The subsequent use of the abandoned building, structure, and/or land shall be in conformity with this chapter.
b.
Conversion to Permitted Use. Any nonconforming building, structure, or use may be changed to conform to this chapter, but shall not be changed back to a nonconforming status.
c.
Maintenance. May be made to a nonconforming use, structure, or lot provided the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose, or increase the nonconformity in any manner.
d.
Restoration and Repairs.
1.
Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm, or act of God, shall be examined by the following three people: (1) the Construction Code Official; (2) the owner or an architect or engineer selected by the owner; and (3) a third person agreed to by the Construction Code Official and the owner whose fee shall be agreed to and shall be paid in equal portions by the Borough and the owner. If in the opinion of the majority of the above three people, the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by State statutes.
2.
Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided it does not exceed the height, area and bulk of the original structure.
3.
The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.
e.
Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.