Rahway City Zoning Code
ARTICLE X
Nonconforming Uses, Structures and Lots
§ 421-78 Purpose.
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that, except for single- and two-family residences, nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, unless to make such use or structure conform to the minimum requirements of this chapter.
§ 421-79 Nonconforming structures and uses.
A.
Any legally established nonconforming use or nonconforming structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied. Such structure may be restored or repaired in the event of partial destruction thereof, but only to the extent of the previous nonconformity. Any nonconforming use or structure damaged by fire or other causes to the extent of more than 50% of its assessed valuation requires a use variance from the Board of Adjustment to be rebuilt. Nothing in this section shall prevent the strengthening or restoring to a safe condition of any wall, roof or floor which has been declared unsafe by the Construction Code Official.
[Amended 4-11-2005 by Ord. No. O-11-05]
B.
No nonconforming use of a structure shall be extended to occupy land outside existing structures.
C.
Change from one nonconforming use to another shall not be allowed, except by approval of the Board of Adjustment. Any nonconforming single- or two-family residential building existing at the time of the passage of this chapter may make alterations or additions to the structure to the extent that an addition may be erected to the portion of the building which does not conform, provided that it will not extend beyond the existing setback of such portion. Lots that are nonconforming because of area may be built upon without applying to the municipal agency, provided that any construction shall meet all provisions of the zone, except minimum area. For this purpose, contiguous lots under one ownership shall be considered a lot in its entirety. No nonconforming use shall be permitted to expand without applying to the Board of Adjustment for a variance.
§ 421-80 Repairs and maintenance.
On any building devoted in whole or in part to any nonconforming use, repairs and maintenance may be made. Said repairs shall be limited to routine or ordinary repairs. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Official.
§ 421-81 Signs.
A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter, by attachment on a building or premises or addition, signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
§ 421-82 Nonapplicability for structures previously begun.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner according to architectural and engineering design, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.