Rutherford City Zoning Code
ARTICLE VII
Nonconforming Uses and Structures
§ 131-39 Nonconforming uses and lots.
[Amended 12-13-2021 by Ord. No. 3588-21]
A.
Continuance. Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the district in which such land or buildings is located; provided, however:
(1)
That no nonconforming lot shall be further reduced in size.
(2)
That no nonconforming building shall be enlarged, extended or increased.
(3)
That no nonconforming use may be enlarged, extended or increased.
(4)
That the lawful use of a nonconforming building may be extended to any portion of such nonconforming building.
B.
Restoration. If any nonconforming building or use shall be destroyed to an extent of 50% or less of the recorded true valuation, then such destruction shall be deemed partial destruction and may be rebuilt, restored or repaired. Such restoration shall take place within 12 months of the time of destruction. 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 Inspector. If this time period is exceeded, a building permit shall only be issued for a conforming use.
C.
Abandonment. An abandoned nonconforming use shall not be reinstated. A nonconforming use shall be adjudged as abandoned when there occurs a cessation or discontinuance of use by an act or failure to act on the part of the tenant or owner to reinstate said use within a one-year period.
D.
Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
E.
Alterations. A nonconforming building or structure may be reconstructed, but not enlarged or extended unless said building is changed to a building conforming to the requirements of this chapter.
F.
Actual construction. Nothing in this chapter shall require any change in the plans, construction or designated use of any building for which a building permit has been issued, provided that actual construction is lawfully begun within six months and completed within 12 months of the effective date of this chapter. In the event that work is not commenced or completed within the required period, such permit or permits shall be void.
G.
Reclassification. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any conforming uses existing therein or created thereby.
H.
Unlawful use. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
I.
Nonconforming lots may be continued for any purpose permitted in the zone in which the lot is located, provided that:
(1)
At the time of and since the adoption of the zoning ordinance making such lot nonconforming, the owner of the lot did not own adjoining property; and
(2)
The property must be no less than 80% of the required measurement as to width, length and lot size; and
(3)
All other regulations prescribed for the zone are or can be complied with.