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Newark City Zoning Code

ARTICLE 21

5 Non-Conformities

21.501 Non-Conforming Lots Of Record

Any lot of record, on the effective date of enactment of this Ordinance, which does not comply with the requirements of the district in which it is located as to lot area, lot width and lot depth, may be used for the erection of a building intended for a use permitted in the district in which the lot is located provided, however, that such a building complies with all setback and other applicable requirements of this Ordinance.

21.502 Non-Conforming Buildings Or Structures

A lawfully existing, non-conforming building or structure which does not contain any nonconforming use, but does not comply with the applicable lot size requirements or building bulk regulations in the district in which it is located, may be continued except as otherwise permitted by this Article. Non-conforming buildings and structures shall be subject to the following regulations:

  1. Enlargement, Repair or Alteration.
    1. A non-conforming building or structure may be enlarged, maintained, repaired or structurally altered, provided, however, that any repair, enlargement or alteration of any lawful non-conforming single family residence located in a B-1Downtown Business District shall conform to the bulk area regulations of the R-1Downtown Residential District. No such enlargement, maintenance or repair, or structural alteration shall create either an additional non-conformity or increase the degree of the existing non-conformity of all or any part of the building or structure.
    2. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders its restoration to a safe condition.

21.503 Non-Conforming Uses

When the applicable district regulations do not allow, as a permitted use, either an existing use of part or all of a building or other structure, or an existing use of land not involving a building or structure, such existing use may be continued except as otherwise permitted by this Article.

  1. Change.
    1. A non-conforming use of a building or other structure, all or substantially all of which was designed or intended for a use which is not permitted in the district in which it is located, shall not be changed to any use other than one permitted in the district in which the land is located. When a non-conforming use has been changed to a permitted use, it shall not thereafter be changed back to a non-conforming use.
    2. The non-conforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.
  2. Non-Conforming Accessory Uses. No non-conforming accessory use shall continue after the principal use to which it is accessory has been abolished.

21.504 Non-Conforming Signs

The regulations set forth in Article 21-17, Signs, of this Ordinance shall control non-conforming signs.

21.505 Existing Special Uses Exempt

Where a use exists on the date that this Ordinance becomes effective and is permitted by this Ordinance only as a special use in the district in which it is located, such use shall not be deemed a non-conforming use, but shall, without any further action, be deemed a lawful special use in such district. However, no such lawful special use shall be substantially expanded unless a supplemental special use permit is secured according to Article 21-20, Administration and Enforcement.