Monmouth Beach City Zoning Code
ARTICLE 30
4 Nonconforming Uses, Lots and Buildings
30-4.1 Continuance.
Except as otherwise provided in this chapter, the lawful use of land or a building existing at the date of the 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, however, that:
A.
No nonconforming lot shall be further reduced in size.
B.
No nonconforming building shall be enlarged, extended or increased unless such enlargement is conforming.
C.
No nonconforming use may be expanded.
D.
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existing before the adoption of the chapter which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Administrative Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment. The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15. The fees collected by the official shall be paid by him to the municipality. Denial by the Administrative Officer shall be appealable to the Board of Adjustment. N.J.S.A. 40:55D-72 to N.J.S.A. 40:55D-75 shall apply to applications or appeals to the Board of Adjustment. [7/26/1988]
30-4.2 Abandonment.
A nonconforming use shall be presumed to be abandoned when there occurs a cessation of such use or activity by an apparent act or failure 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 thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
30-4.3 Restoration.
Any nonconforming building or use which has been destroyed by fire, explosion, flood, windstorm, or other act of God shall be considered partially destroyed if the cost of restoration equals one-half or less than one-half of the estimated true value of the building as shown on the latest tax assessment records as determined by the Tax Assessor and such building or use may be rebuilt, restored, or repaired not to exceed the area of the building prior to its destruction.
30-4.4 Reversion.
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
30-4.5 Alterations.
A nonconforming building may be altered, but not enlarged or extended, during its life to an extent not exceeding in the aggregate 50% of the assessed value as recorded in the records of the Tax Assessor, unless said building is changed to a building conforming to the requirements of this chapter.
Notwithstanding the above, for all existing principal residential structures that are being raised in conformance with Chapter 22 or pursuant to a variance granted under Chapter 22, excepting new construction or additions, those structures may maintain pre-existing nonconformities.
[Ord. No. O-19-13]
30-4.6 Prior approved construction.
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this chapter.
30-4.7 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 provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.
30-4.8 Nonconforming lots-exemption from Board review under certain circumstances.
Notwithstanding Subsections 30-4.1 through 30-4.7 inclusive, any nonconforming residential lot legally existing on October 29, 2012 which had on that date or now has an existing residential structure may have building permit issued for a permitted residential use without an appeal for a variance provided the development proposal otherwise conforms in all respects to all other applicable bulk requirements. [Ord. No. O-10-14]