East Newark City Zoning Code
§ 33-13A
NONCONFORMING USES.
[Ord. 11/9/94; § 16-13]
a.
A nonconforming activity, use, structure or lot may not:
1.
Be enlarged or extended.
2.
Be changed to another use, activity, structure or lot size that is nonconforming.
3.
Revert to nonconformity after having once been made conforming.
4.
Be reinstated if the activity or use is discontinued for a period of 12 consecutive months, regardless of the intent to abandon.
5.
Be restored in case of destruction, provided that this restriction shall not be construed to prohibit restoration or repair of a nonconforming structure in the event of partial destruction.
b.
Notwithstanding the foregoing provisions of paragraph a, a nonconforming activity use or structure within the Business District consisting of retail merchandising or services dealing directly with the consumer, except the operation of junkyards and used car lots, may be enlarged or extended or may be reinstated if it is discontinued for a period in excess of 12 consecutive months, unless it has been changed to a conforming use during such period, or may be restored in case of destruction regardless of the magnitude of the destruction, provided that such enlargement, extension or restoration complies with all other applicable provisions of this chapter.