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Toms River City Zoning Code

§ 348-4.6

Nonconforming structures; expansion.

[Amended 12-18-2007 by Ord. No. 4123-07]
A. 
Any nonconforming single-family residential principal structure may be altered and/or improved, provided that said alteration or improvement does not result in the enlargement of the total square footage of the existing structure or the expansion of the existing footprint of the existing structure.
B. 
Any nonconforming single-family residential principal structure may be expanded and/or enlarged, provided that the following criteria are met:
(1) 
Said nonconforming structure is and/or contains a permitted use within the zoning district in which it is situated; and
(2) 
Said enlargement or addition is otherwise in compliance with the setback and height regulations of the zoning district in which the structure is located; and
(3) 
That said structure after the enlargement or addition continues to comply with the lot coverage and floor area ratio regulations of the zoning district in which the structure is located.
C. 
No nonconforming commercial, industrial or multifamily structure may be expanded or enlarged without the grant of a prior use variance [N.J.S.A. 40:55D-70d(2)] and/or site plan approval, as the case may be, by the appropriate municipal land use agency.
[Added 2-10-2009 by Ord. No. 4175-09]