Total destruction of a non-conforming structure, whether by the owner’s design or by accident, terminates a nonconforming use and terminates the owner’s right to continue that use.
Property owner, who sought to restore nonconforming house after pipes burst and caused significant water damage, filed action in lieu of prerogative writs seeking to overturn decision of borough zoning board of adjustment denying owner’s application to lift stop work order.
The superior court held that:
- Owner, by removing every part of structure except foundation and footings, effected a total destruction of property, and
- “Stop work” order was justified by owner’s improper conduct in exceeding limitations of zoning permit.
Given the statutory objective to eradicate nonconforming uses over time, local governing bodies may not adopt ordinances that authorize the restoration or replacement of all nonconforming structures, even on the condition that the cubic size of the replacement structure does not exceed the size of the existing structure. A nonconforming use or structure may be restored or repaired in the event of partial destruction thereof; by contrast, total destruction of such a structure, whether by the owner’s design or by accident, terminates a nonconforming use and the owner’s right to continue that use likewise ceases.