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South Hackensack City Zoning Code

ARTICLE IV

Nonconforming Buildings and Uses

§ 208-15 Continuation; cessation.

Any nonconforming use existing in any district at the time of the passage of this chapter may be continued in the same location, but upon the cessation of such nonconforming use, no other nonconforming use shall be permitted at such location.

§ 208-16 Repair of buildings housing nonconforming uses.

[Amended 12-15-2005 by Ord. No. 2005-14]
A. 
Any nonconforming building may be restored or repaired in the event of partial destruction by reason of any windstorm, fire, explosion or other act of God or the public enemy. However, if any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to the extent that such destruction is deemed to be complete destruction, then such structure may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. The Construction Official shall apply the laws of the State of New Jersey, including relevant case law, in determining whether such destruction is partial or complete.
B. 
If any nonconforming building shall be demolished, removed or altered to effectuate a proposed construction project to the extent of more than 50% of its gross building square foot floor area or more than 50% of the total building volume, then the structure may not be rebuilt, restored or altered except in conformity with the regulations of this chapter.
C. 
For purposes of this section, gross building square foot floor area shall include all floor areas excluding unfinished basements, crawl spaces, nonhabitable attics and detached garages. For purposes of this section, total building volume shall not include the volume of crawl spaces, nonhabitable attics and detached garages.

§ 208-17 Completion and use of buildings for which building permits have been issued.

[Amended 9-11-2003 by Ord. No. 2003-16]
Any nonconforming building, the plans for which have been filed with the Zoning Enforcement Officer and approved by him or her before the passage hereof, may be completed and used for the nonconforming use set forth in the application for the building permit to the same extent as if such building had been completed and was in use at the time of the passage hereof.