Rockaway City Zoning Code
ARTICLE III
Nonconforming Uses and Structures
§ 172-30 Continuance of nonconforming uses or structures.
Any nonconforming use or structure which lawfully existed at the time of the passage of this chapter may be continued and any such existing nonconforming building or structure may be reconstructed or structurally altered, provided that it shall meet the requirements of this chapter.
§ 172-31 Alteration, extension or enlargement of nonconforming uses or structures.
Nonconforming uses or structures in all zone districts shall comply with the following requirements:
A.
Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.
B.
There shall be no structural alterations made to any nonconforming building or structure that is nonconforming because of use. Structural alterations may be made in a building which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, so long as the structural alteration does not extend or enlarge the nonconformance.
C.
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing stated herein shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe by the Construction Official, the Chief of the Borough Fire Department or the Borough Engineer.
D.
In the event that there shall be a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use, the provisions of § 172-30 of this chapter notwithstanding, shall be deemed a violation of the terms of this chapter.
E.
Nothing in this chapter shall require any change in plan, construction or designated use of a structure or building for which a building permit has been validly issued if construction has been started and diligently prosecuted at the time of the adoption of this chapter.
F.
Nothing in this chapter shall be construed as an authorization for or approval of the continuance of the use of a building, structure or premises in violation of any Zoning Ordinances, rules or regulations in effect immediately preceding the time of the effective date of this chapter.
G.
Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter shall not be changed or altered to enlarge the nonconformance.
§ 172-32 Restoration of existing buildings which are nonconforming because of use.
Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God or of any public enemy, voluntary or negligent demolition or the like, if the extent of the destruction be not more than 50% of the fair market value of the whole building or structure at the time of the partial destruction. If, however, any such building or structure shall be destroyed in the manner aforesaid to an extent exceeding such destruction, then the same may be reconstructed, and thereafter used, only in such manner as to conform to all the requirements, terms and conditions of this chapter.
§ 172-33 Restoration of existing buildings which are nonconforming because of reasons other than use.
Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter and which is partially destroyed by fire, explosion or act of God, any such building or structure shall not enlarge the previously existing nonconformance.
§ 172-34 Partial building destruction, degree of damage.
B.
No building shall be reconstructed notwithstanding §§ 172-32 and 172-33 if, in the judgment of the Construction Official, the damage to the building is beyond repair to a degree that renders the reconstruction structurally unsound. Any such damage rendering the structure unsound shall be deemed more than a partial loss regardless of the extent of the economic loss to the structure as set forth in §§ 172-32 and 172-33.