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South Toms River City Zoning Code

§ 26-12.6

Restoration.

[1975 Code § 13-8.6]
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 50% or less of the estimated equalized or true valuation of the building as determined by the Tax Assessor. Such a building or use may be rebuilt, restored or repaired without necessity of a variance. If the damage is greater than above outlined, the building or use shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity with the building and use requirements of this chapter.
In the event of a dispute as to the extent of destruction, a ruling shall be made by the Board of adjustment pursuant to N.J.S.A. 40:55D-70a.
Repairs and restoration of such nonconforming building or structure shall take place within one year from date of such destruction and damage. Restoration must be completed within six months of the date of commencement of repairs or restoration. Otherwise such resumption and continuance of the nonconforming usage shall not be permitted.