Essex Fells City Zoning Code
ARTICLE XXII
Nonconforming Uses
§ 170-143 Regulations.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use or as follows:
A.
Restoration. Except as in subsection B of this section, any nonconforming use or structure damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use or structure shall not exceed the area which existed prior to the damage. All repairs shall be commenced within one year after damage occurs and shall be completed within two years of such date, or such use shall not be rebuilt except as a conforming use.
B.
Destruction. If, in the opinion of the Construction Official, a structure is damaged beyond repair, any new structure and the use thereof shall be in compliance with this chapter.
C.
Repairs. Normal maintenance and repair of a structure containing nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use and does not increase the number of dwelling units.
§ 170-144 Restoration to safe or lawful condition.
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building or structure declared unsafe or unlawful by the Construction Official or other authorized state or Borough official.
§ 170-145 Time limit on nonuse.
Any nonconforming use not used for a period of 12 consecutive months shall not be reopened except as a conforming use.
