Rebuilding Nonconforming Structures – A New Jersey Case Summary

The New Jersey Appellate Division recently decided a case that addressed the extent to which a property owner can rebuild a structure that constituted part of a pre-existing, nonconforming use under the municipal zoning code. In Motley v. Borough of Seaside Park Zoning Board of Adjustment (decided March 4, 2013), the Appellate Division sided with the municipality, holding that because the property owner's demolition of his nonconforming residence exceeded "partial destruction," the stop-work order issued by the municipality was valid.  

This case is noteworthy because New Jersey's Municipal Land Use Law, the statutory framework for real estate development in New Jersey, does not expressly define what constitutes a "partial destruction." N.J.S.A. 40:55D68 provides, in pertinent part: "Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be