All residential land uses which existed at the date of the adoption of this chapter are hereby classified as conditional uses.

The conditional uses shall meet the following conditions:

For such pre-existing land uses, a property owner may seek and the applicable reviewing municipal board may grant, on a one-time basis, up to 10% expansion of such a conditional use without having to obtain a permit from the Commissioner of Transportation pursuant to N.J.A.C. 16:62-9.1 et seq. However expansion of a vertical development not in conformance with this section may be implemented only after the granting of a permit from the Commission of Transportation pursuant to N.J.A.C. 16:62-9.1 et seq.

No use within the air hazard zone shall create the unwarranted concentration of persons within the air hazard zone to such an extent that the concentration constitutes an air hazard or constitutes a danger to the health, safety or welfare of the persons concentrate within the zone.