Fort Lee City Zoning Code
ARTICLE XI
Nonconforming Uses and Structures
§ 410-45 Continuation of use.
A use, building or structure, lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, may be continued except as otherwise provided in this article.
§ 410-46 Regulation of nonconforming uses.
[Amended 8-21-2008 by Ord. No. 2008-34]
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 when required to do so by law and as follows:
A.
Restoration. Any nonconforming structure partially damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. All repairs shall be completed within one year after damage occurs or such use shall not be rebuilt except as a conforming use. In the event substantial damage occurs, then the provisions of § 410-47B shall apply.
B.
Repairs. Normal maintenance repair and incidental alteration of a structure containing a nonconforming use shall be permitted, provided it does not exceed the area or volume of space occupied by the nonconforming use.
C.
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition of any part of a building as may be required by the Zoning Officer or other authorized municipal, county or state officials.
D.
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of dwelling units.
E.
A building or other structure containing nonresidential nonconforming uses in a residential zone, in which application is made for site plan approval concerning rehabilitation of existing structures, additions to existing structures, and construction of new buildings, shall comply with the specifications set forth within § 410-52 or § 410-53 of the Borough Code. Determination of whether to apply § 410-52 or § 410-53 shall be given by the Borough Construction Official.
F.
A building or other structure containing nonresidential nonconforming uses in a residential zone, in which application is made for a change in tenancy or occupancy, shall comply with the specifications set forth within § 410-53.1 of the Borough Code.
§ 410-47 Termination of nonconforming uses.
A.
Abandonment. A nonconforming use abandoned for a period of 90 consecutive days or the change from a nonconforming use to a more restrictive or conforming use for that period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived.
B.
Destruction. When a nonconforming building, structure or use is substantially destroyed or damaged by fire or other casualty or an act of God, the nonconforming building, structure or use shall thereafter be terminated.
§ 410-48 Nonconforming buildings lawfully under construction.
Any nonconforming structure or use lawfully under construction on the effective date of this chapter pursuant to plans filed with the Zoning Officer and approved by him and all other municipal boards and agencies as required under law may be completed and may be used for the nonconforming use for which it was designed, to the same extent as if such building had been completed and was in use on the effective date of this chapter, provided that such building or structure shall be completed within one year after the effective date thereof.
