Leonia City Zoning Code
ARTICLE XVII
Nonconforming Uses
§ 290-89 Continuance of use.
A.
Any lawful nonconforming use which existed on the date of adoption of this chapter may be continued, and any existing structure designed, arranged, intended or devoted to a nonconforming use may be structurally altered subject to the following regulations:
(1)
A nonconforming use shall not be enlarged unless the use is changed to a conforming use; provided, however, that, where a building meets the use requirements of this chapter and is nonconforming because of height, area and/or yard regulations, said use may be enlarged, provided that the height, area or yard regulations are not further violated. An enlargement shall also include any increase in the volume of area previously within the nonconforming use. For purposes of this section, volume shall mean the cubic space occupied by the existing nonconforming use.
[Amended 5-15-1995 by Ord. No. 1203]
(2)
A nonconforming use changed to a conforming use shall not thereafter be changed back to a nonconforming use.
(3)
A nonconforming use in existence at the time of the adoption of this chapter shall not be permitted to be changed to another nonconforming use.
[Amended 12-4-1995 by Ord. No. 1213]
(4)
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be prima facie evidence of an abandonment of the use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.
B.
For purposes of determining the original conformity of any building or use, the effective dates of Zoning Ordinances previously in effect were as follows:
(1)
Ordinance No. 191, approved December 27, 1921, and amended or supplemented by Ordinance No. 196, approved April 10, 1922; Ordinance No. 239, approved August 11, 1924; Ordinance No. 370, approved May 13, 1929; Ordinance No. 413, approved June 27, 1932; Ordinance No. 422, approved March 20, 1934; Ordinance No. 421, approved August 13, 1934; Ordinance No. 427, approved April 13, 1936; Ordinance No. 481, approved July 27, 1946.
(2)
Ordinance No. 485, approved February 10, 1947, and amended or supplemented by Ordinance No. 518, approved December 28, 1950; Ordinance No. 527, approved January 14, 1952; Ordinance No. 522, approved January 24, 1955; Ordinance No. 609, approved May 27, 1963; Ordinance No. 618, approved January 25, 1965; Ordinance No. 619, approved February 8, 1965; Ordinance No. 627, approved February 14, 1966; Ordinance No. 634, approved June 27, 1966; Ordinance No. 647, approved March 11, 1968; Ordinance No. 654; approved September 9, 1968; Ordinance No. 669, approved July 14, 1969; Ordinance No. 671, approved September 22, 1969; Ordinance No. 675, approved February 9, 1970; Ordinance No. 686, approved November 23, 1970; Ordinance No. 689, approved January 25, 1971; Ordinance No. 725, approved September 24, 1973.
§ 290-90 Completion of existing buildings.
Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been issued when construction has been diligently prosecuted within six months following the date of such permit.
§ 290-91 Restoration of existing buildings.
Any nonconforming use of structure, existing at the time of the adoption of this chapter, may be continued upon the lot or in the building so occupied. and any such structure may be restored or repaired in the event of the partial destruction thereof.
§ 290-92 Unlawful use not authorized.
Nothing in this chapter shall be interpreted as implied authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of adoption of this chapter.
§ 290-93 Nonconforming uses due to reclassification.
The foregoing provisions of this article shall also apply to structures, land or uses which hereafter became nonconforming due to any reclassification of zones under this chapter or any subsequent change in the regulations of this chapter.
§ 290-94 Rebuilding of single-family dwellings.
Any single-family dwelling existing at the time of adoption of this chapter which contains less than the minimum required floor area or which is located on less than the minimum required ground area or which may violate any yard requirements of this chapter, if destroyed by fire, explosion, act of God or of the public enemy, may be rebuilt in the same location with floor area of not less than contained in the dwelling before damage occurred.