Ocean Township Ocean County
City Zoning Code

Except as otherwise provided in this chapter, the lawful uses of land or buildings existing prior to the effective date of this chapter may be continued, although such use does not conform to the regulations specified in this chapter for the zoning districts in which such land or buildings are located, provided that:

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 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 thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.

If any nonconforming structure shall be destroyed by reason of windstorm, fire explosion or other act of God or the public enemy to an extent of more than 75% of the assessed value as recorded in the records of the Tax Assessor, then such destruction shall be deemed complete destruction and the structure may not be rebuilt, restored, or repaired except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector.

No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.

A nonconforming structure may be altered but not enlarged or extended, during its life to an extent not exceeding in aggregate 75% of the assessed value as recorded in the records of the Tax Assessor unless such building is changed to a building conforming to the requirements of this chapter.

Repairs and maintenance may be made to a nonconforming structure, provided the repair and maintenance work do not change the use, expand the building or the functional use of the building, increase the area of a lot use for a nonconforming purpose or otherwise increase the nonconformity in any manner.

Nothing in this chapter shall require any change in plans, construction, or designated use of a structure or lot for which a zoning permit has been heretofore issued and construction shall have commenced prior to the effective date of this chapter.

Any nonconforming lot, structure, or use may be sold and continue to exist in the same nonconforming manner.

Any prospective purchaser or prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists, may obtain a written certification that the property in question is a preexisting nonconforming allowable use and was so before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant, prospective purchaser, prospective mortgagee or other person interested in the land shall have the burden of proving that the property is a preexisting allowable nonconforming use. The application shall be made to the administrative officer as defined herein within one year of the adoption of the ordinance which rendered the use or structure nonconforming, or any time thereafter directly through the Zoning Board of Adjustment. The administrative officer shall charge a reasonable fee not in excess of those allowed pursuant to N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15. The fees so collected shall be paid to the Township. A denial of the request for the written certification by the administrative officer shall be appealable by the interested party to the Zoning Board of Adjustment, in which instance the provisions of N.J.S.A. 40:55D-72 through 40:55D-75 shall apply. In the event of an appeal of the decision to the Zoning Board of Adjustment, the fee schedule set forth in § 410-167 shall apply, as amended from time to time.