Any existing use which is not in conformity with the provisions of this chapter at the time of enactment may be continued subject to the following limitations:
A. 
Abandonment. If any nonconforming use is abandoned for a period of more than twelve (12) consecutive months, any subsequent use shall conform to the then current provisions of this chapter.
B. 
Enlargement of existing structure devoted to nonconforming use. Except as set forth in this provision, an existing structure devoted to a use not permitted by this chapter shall not be enlarge, extended, constructed, reconstructed, or structurally altered in any way unless same may be required for normal maintenance or to prevent damage or injury. In a single instance after the passage of this chapter, a single-family, detached residential dwelling may be enlarged through construction or reconstruction to an extent not to exceed fifty percent (50%) of its pre-existing size, provided said enlargement is limited to residential use. Accessory structures shall not be considered when applying this provision.
C. 
Reconstruction of existing structure devoted to a residential nonconforming use. In the event that a single-family, detached, residential dwelling within a zone in which such use is not permitted is destroyed or damaged by any means to an extent of more than fifty percent (50%) of its pre-existing size, that dwelling may be reconstructed provided that the replacement is limited to residential use, subject to the provisions of Subsection B above.
D. 
Reconstruction of existing structure devoted to a nonresidential nonconforming use prohibited. Except as set forth in this provision, in the event that an existing structure devoted to a nonresidential use not permitted by this chapter is destroyed or damaged by any means to an extent of more than fifty percent (50%) of its pre-existing size, that structure shall not be reconstructed.
E. 
Existing mobile homes. In the event a mobile home is replaced when required by the appropriate Township official to protect the safety of its occupants, the replacement mobile home may be larger than the pre-existing mobile home to an extent not to exceed percent (50%) of the size of the pre-existing mobile home, provided said enlargement is limited to residential use and the lot involved accommodates supporting infrastructure such as on-site wells, septic system and their required setbacks.
F. 
Superseding permitted use. Any nonconforming use which is superseded by a permitted use shall thereafter conform to this chapter and the nonconforming use shall not thereafter be resumed. It is the intent of this Article to discourage the continuation of nonconforming uses except where they are residential in nature, unless said residential uses are abandoned per Subsection A above.
Any existing structure which, by virtue of its size or position on the land, is not in conformity with the provisions of this chapter at the time of enactment may be continued subject to the following limitations:
A. 
Abandonment. When the use of a nonconforming structure is abandoned for twelve (12) consecutive months or for eighteen (18) months during a three (3) year period, the structure shall not thereafter be used except in conformance with the then current provisions of this chapter.
B. 
Enlargement of nonresidential structure. Except as otherwise set forth in this provision, a nonresidential structure which, by reason of restrictions on area, lot coverage, height, yard dimensions, or other characteristics, could not be built under the terms of this chapter, shall not be enlarge or altered in a way which increases its nonconformity.
C. 
Reconstruction of existing nonresidential structure. Except as otherwise set forth in this provision, a nonresidential structure which, by reason of restrictions on area, lot coverage, height, yard dimensions, or other characteristics, could not be built under the terms of this chapter, shall not be reconstructed except in conformance with the then current provisions of this chapter if it is destroyed or damaged by any means to an extent of more than fifty percent (50%) of its pre-existing size. Any reconstruction of a nonconforming structure in residential use is subject to the provisions of Section 35-7.1B and C.
D. 
Superseding permitted structure. Any nonconforming structure which is superseded or changed to a permitted structure shall thereafter conform to this chapter. It is the intent of this Article to discourage the continuation of nonconforming structures except where they are dedicated to pre-existing residential use, unless said residential uses are abandoned per Section 35-7.1A above.
A. 
Adjusted setback. In any zone where there is a residential structure with an existing encroachment into the required setback area for such zone, the required setback shall be adjusted so as to permit the new construction at a setback equal to the existing encroachment provided that the setback is no less than ten feet (10') from any property line.
B. 
Limitations of new construction. New construction permitted by the use of the adjusted setback shall be limited to a maximum increase of fifty percent (50%) of the existing square footage of the subject structure's habitable floor area.
C. 
Effective date. The provisions of this section (Section 35-7.3) shall apply to any lot with an encroachment existing as of June 20, 1996, the date when said Section was adopted by Ordinance No. 442.
[Section 35-7.4 amended by Ordinance No. 494]
Notwithstanding the use restrictions contained herein above in Section 35-7.1 and in Section 35- 8.10 of this chapter, any use existing on January 14, 1981 that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Articles 35-9 and 35-10, may be expanded or altered provided that:
A. 
The use was not abandoned or terminated subsequent to January 14, 1981,
B. 
The expansion or alteration of the use is in accordance with all the minimum standards of this chapter, and
C. 
The area of expansion does not exceed fifty percent (50%) of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981 or which was approved pursuant to N.J.A.C. 7:50-4, Part v.