Breakers Bill

The Breakers Bill is the popular name of L. 1989, c. 67, codified at N.J.S. 40:55D-68.1 et seq. This legislation is probably a reaction to ''Cos-Lin, Inc. v. Spring Lake Bd. of Adjustment'', 221 N.J. Super. 148 (App. Div. 1987), certif. den., 110 N.J. 201 (1988), which held that the conversion of the Breakers (a seasonal hotel) to full year operation constituted a prohibited expansion of its non-conforming use. The statute authorizes seasonal hotels, guest houses, rooming houses and boarding houses in municipalities bordering on the Atlantic Ocean to expand to full year operation provided that at least one other such facility is not prohibited from operating on a full year basis in the municipality, or was not so prohibited on or after February 9, 1989. The constitutionality of the law was upheld in Naughton v. Spring Lake, 246 N.J. Super. 644 (Law Div.), aff'd o.b. 246 N.J. Super. 649 (App. Div. 1989), certif. den., 126 N.J. 327 (1991).