Moonachie City Zoning Code
§ 22-5.8
Nonconforming Uses, Buildings or Lots.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.8; Ord. #90-4]
Except as otherwise provided in this subsection the lawful use of land, buildings or structures existing on November 20, 1979, may be continued although such use does not conform to the regulations specified by this chapter for the zone in which the land, buildings or structures are located; provided that no existing building, structure, or lot devoted to a use not permitted by this chapter in the district in which the land, buildings or structures are 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 chapter for the district in which the land, buildings or structures are located except as allowed in Section 21-6. 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 as defined in the preceding section shall be considered abandoned if the nonconforming use is terminated by the owner or tenant. Or, if the owner or tenant shall fail to use the property for a period of 12 consecutive months, this shall be presumptive evidence of abandonment and thereafter the building, structure or land shall not be used in a nonconforming manner.
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 examined by the following three people to determine whether the building is more than 50% destroyed:
1.
Borough Tax Assessor;
2.
The owner or an architect or engineer selected by the owner;
3.
A third person agreed to by the Construction Official and the owner.
If, in the majority opinion of the above three people, the damage is greater than 50%, the building or use shall be considered completely destroyed and may be rebuilt only upon approval of a use variance as provided by State statutes.
d.
Repairs and Maintenance. Such repairs and maintenance work as required to keep a building in sound condition may be made to a nonconforming building or structure.
e.
Sale of Nonconforming Use. Any nonconforming use may change ownership and continue to function as a nonconforming use provided the other provisions of this section are met.