Hillside City Zoning Code
§ 188-30
Nonconforming uses, buildings or lots.
[Amended 5-15-1979 by Ord. No. G-155-79]
Except as otherwise provided in this section, the lawful use of land existing on May 1, 1979, may be continued although such use does not conform to the regulations specified by this article for the zone in which the land is located, provided that no existing building, structure or lot devoted to a use not permitted by this article in the district in which the building or premises is located shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use or structurally altered except in conformity with the regulations of this article for the district in which the building or premises is located. Also, land on which a nonconforming building is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
A.
Abandonment. A nonconforming use shall be considered to be abandoned if there occurs a cessation of the previous use or activity on the part of the owner or tenant for a period of nine months from the date of cessation of use or activity, at which time the building, structure or premises shall not be used in a nonconforming manner again.
B.
Conversion to permitted use. Any nonconforming building or use which has been changed to a conforming building or use shall not be changed back again into a nonconforming building or use.
C.
Restoration. Any nonconforming building or use which has been destroyed by fire, explosion, flood, windstorm or other act of God shall be considered partially destroyed if the cost of restoration equals 1/2 or less than 1/2 of the estimated true value of the building as determined by the Tax Assessor, and the building or use may be rebuilt, restored or repaired not to exceed the area of the building prior to its destruction. If the damage is greater than above outlined, the building or use shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity with the building and use requirements of this article.
D.
Repairs and alterations. Repairs and maintenance work as required to keep a building in sound condition may be made to a nonconforming building or structure.