Tinton Falls City Zoning Code
§ 40-40
NONCONFORMING USES, STRUCTURES AND LOTS.
A.
Continuance of Existing Nonconforming Uses and Structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this Chapter may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this Chapter.
B.
Alteration, Extension or Enlargement of Nonconforming Use or Structure.
1.
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
2.
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
a.
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
b.
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
c.
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
3.
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
4.
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
C.
Damage to Buildings or Structures. Any nonconforming use, building or structure, other than a single-family detached dwelling on an undersized lot, which shall be more than 50% damaged by reason of windstorm, fire, explosion or other act of God or man shall be deemed completely destroyed and the use, building or structure may not be reestablished, rebuilt, restored or repaired except in conformity with this Chapter. For single-family homes on undersized lots which shall be destroyed as described above, said structures may be reconstructed, provided that no aspect of the new or rebuilt structure increases any nonconformity of the original structure or causes any new nonconformity with this Chapter.
D.
Restoration of Nonconforming Structures. Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this Article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
E.
Nonconforming Improved Lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
1.
The number of dwelling units shall not be increased even if such increased number of dwelling units is allowed in the zone, unless approved by the Board of Adjustment.
2.
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming including any vertical additions of any type.
3.
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage set forth in Schedule B.
Editor's Note: Schedule B is included as an attachment to this chapter.
4.
Any existing and proposed improvement on the nonconforming improved lot shall conform to all other zone standards including off-street parking.
F.
Subdivision of Nonconforming Lot Prohibited. No nonconforming lot shall be made more nonconforming through subdivision, re-subdivision or any such other action. Where two or more contiguous, nonconforming lots are in common ownership, these lots shall be considered combined for the purposes of meeting the requirements of this Chapter. Such combined lots shall not be subdivided or resubdivided except in conformance with this Chapter.