Bound Brook City Zoning Code
21-10.4 Nonconforming
uses and structures.
[Ord. No. 04-12 § 21-10.4]
a.
Continuance of nonconforming uses or structures. Any nonconforming use or structure which lawfully existed as of June 21, 1966, may be continued.
b.
Alteration, extension or enlargement of nonconforming uses or structures. Nonconforming uses or structures in all zone districts shall conform to the following requirements:
1.
Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever. Subdivision of land shall be conducted such that the use is on a smaller lot area.
2.
There shall be no structural alterations made to any nonconforming building or structure that is nonconforming because of use.
3.
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition or any part of any building declared unsafe by the Construction Official, the Chief of the Fire Department or the Borough Engineer.
4.
In the event that there shall be a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon exercise or reinstate such abandoned nonconforming use (the provisions of paragraph A notwithstanding) shall be deemed a violation of this chapter.
5.
A change from one nonconforming use to another nonconforming use is prohibited, even if there are no changes in structure or lot.
6.
Nothing in this chapter shall be construed as authorization for or approval of the continuance of the use of a building, structure or premises in violation of any Zoning Ordinance rules or regulations in effect immediately preceding June 21, 1966.
7.
Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter shall not be changed or altered to enlarge the nonconformance.
c.
Restoration of existing buildings which are nonconforming because of use. Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God or any other public enemy, or the like, if the extent of the destruction is not more than 50% of the true value based upon assessed value of the whole building or structure at the time of the partial destruction. If, however, any such building or structure shall be destroyed in the manner aforesaid to an extent exceeding 50% of the true value of the whole building or structure at the time of destruction then the same may only be reconstructed and thereafter used in such a manner as to conform to all requirements, terms and conditions of this chapter.
d.
Restoration of existing buildings which are nonconforming because of reasons other than use. Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter, and which is partially destroyed by fire, explosion, act of God or of any public enemy, or the like; provided, however, that the restoration of any such building or structure shall not enlarge the previously existing nonconformance.