Boonton City Zoning Code
ARTICLE XIX
Nonconforming Buildings and Uses
§ 300-95 Continuation of nonconforming use or structure.
Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered subject to the following regulations:
A.
Such building shall in no case be enlarged, unless the use therein is changed to a conforming use.
B.
A nonconforming use shall not be extended at the expense of a conforming use.
C.
A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use.
D.
A nonconforming use shall not be permitted to be changed to another nonconforming use.
E.
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter, except such shall not apply to a nonconforming use because of height, yard and area violations.
§ 300-96 Restoration of existing buildings.
A.
Nothing in this chapter shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any building partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to not further violate the reasons for nonconformity. Any building totally destroyed in the manner aforesaid may only be rebuilt as a conforming use.
B.
The owner of any nonconforming use that is partially destroyed as above mentioned must apply for a building permit to rebuild the nonconforming use within 12 months from the time of destruction. If the application to rebuild the nonconforming use is filed after the above mentioned twelve-month period, a building permit shall only be issued for a conforming use.
§ 300-97 Completion of existing buildings.
Nothing in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and construction diligently prosecuted.
§ 300-98 Unlawful use not authorized.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuation of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
§ 300-99 Nonconforming due to reclassification.
The foregoing provisions of this article shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this chapter or any subsequent change in the regulations of this chapter.