Ridgefield Park City Zoning Code
ARTICLE XIV
Nonconforming Uses
§ 96-14.1 Intent.
A use, building or structure which is lawfully in existence at the effective date of this chapter and shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued, except as otherwise provided in this section.
§ 96-14.2 Regulation of nonconforming uses.
No existing use, building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when changed to a conforming use or when required to do so by law and as follows:
A.
Restoration. Any nonconforming structure damaged to less than 80% of its previous existing area may be restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. The Board of Adjustment shall determine the time period in which complete restoration shall take place.
B.
Repairs. Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use, does not increase the number of dwelling units, and does not increase the floor area ratio, where so regulated.
C.
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building or structure declared unsafe or unlawful by the Construction Code Official or other authorized state or Village official.
D.
Change of title or ownership does not discontinue a nonconforming use.
§ 96-14.3 Termination of nonconforming uses.
A.
Abandonment. A nonconforming use not used for one year and/or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be terminated.
B.
Partial destruction. When 80% or more of the existing area of a nonconforming structure is destroyed by fire or other casualty or by an act of god, the use of such structure as a nonconforming use shall thereafter be terminated.
C.
Nonconforming buildings lawfully under construction. Any nonconforming building or structure lawfully under construction at the effective date of this chapter, pursuant to plans filed with the Construction Code Official and approved by said official and all other municipal boards and agencies as required under law, may be completed and may be used for the nonconforming use for which it was designed to the same extent as if such building had been completed and been in use on the effective date of this chapter, provided that such building or structure shall be completed within 18 months after the effective date thereof.