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Point Pleasant City Zoning Code

§ 19-17.9

Restoration of a Nonconforming Structure in R-1, R-1A, R-3, R-M and RM/POS Zones.

[Ord. #2013-03]
Pursuant to Section 9 of Ordinance No. 2013-03, this subsection 19-17.9 shall no longer be effective or apply and shall be repealed in its entirety on December 31, 2014, unless such date of repeal is further extended by ordinance of the Governing Body.
a. 
For any nonconforming single-family dwelling located within the R-1, R-1A, R-3, R-M, and RM/POS Zoning Districts (said zoning districts to be defined hereinafter as "residential zoning districts") of the Borough that shall have been destroyed by reason of flood, windstorm, fire, explosion or act of God or otherwise to an extent of more than partial destruction as provided for in N.J.S.A. 40:55D-68, and such destruction shall have been deemed substantially damaged by the Borough Code Enforcement Officer, for the period permitted by this subsection, such nonconforming single-family dwelling located within a residential zoning district of the Borough may be rebuilt, restored or repaired, provided such building or structure is rebuilt, restored or repaired within the existing dwelling's footprint, does not exceed the height, area and bulk footprint such as setbacks of the original building or structure, and such rebuilding, restoration or repair is otherwise in conformity with the regulations of this Chapter. Nothing in this subsection shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.
b. 
Any nonconforming single-family dwelling which has been damaged by fire, explosion, flood, windstorm or act of God shall be examined by the following two (2) people:
1. 
The Construction Code Official.
2. 
The owner or an architect or engineer selected by the owner.
c. 
If, in the opinion of the majority of the above people, the value of repairing the condition is fifty (50%) percent or greater of the total market value of replacing the entire structure, it shall be considered destroyed and may be rebuilt to the original specifications only as provided by paragraph a. herein.
d. 
Where the value of repairing the condition is determined to be less than fifty (50%) percent of the value of replacing the entire structure, the nonconforming single-family dwelling may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.
e. 
The percent damaged shall be determine using the current replacement costs of the portion damaged, computed as a percentage of the current replacement cost of the entire structure, and shall not include the cost of the foundation unless the foundation is damaged or condemned.
f. 
Notwithstanding the provisions of paragraph a. above, for all zones governed by this subsection that provide for a maximum building height of thirty-two (32') feet and as otherwise provided in the Borough Code, the definition of "building height" as set forth in the "Flood Damage Prevention" section of the Borough Code, Section 19-37, shall apply for the purposes of those property owners who intend to raise their homes.
g. 
Reversion. No nonconforming use shall, if once changed to a conforming use, be changed back to a nonconforming use.
h. 
Alterations and Repairs. In the zones governed by this subsection, a nonconforming single-family dwelling having damage of less than fifty (50%) percent may be altered and repaired, but not enlarged or extended, during the term of this subsection, unless said dwelling is changed to a single-family dwelling conforming to the requirements of this Chapter.
i. 
Prior Approved Construction. Nothing herein contained shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this subsection.
j. 
District Boundary 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 subsection shall also apply to any nonconforming single-family dwellings.