West New York City Zoning Code
ARTICLE VII
Nonconforming Buildings and Uses
§ 414-39 General regulations.
A.
Except as hereinafter provided, no building or premises shall be used except in conformity with the provisions of this chapter which apply to the district in which it is located. However, the following provisions shall apply to all buildings and uses of land or buildings existing on the effective date of this chapter, which buildings and uses of land or buildings do not conform to the requirements set forth in this chapter; to all buildings and uses of land or buildings that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof; and to all conforming buildings housing nonconforming uses:
(1)
Except as provided in Subsection A(5) hereinafter, any type of nonconforming use of buildings or land may be continued indefinitely, but shall not be:
(a)
Enlarged or structurally altered, extended or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter or of any applicable amendment thereof, nor shall any external evidence of such use be increased by any means whatsoever, except whereby through such alteration it is changed to a conforming use.
(b)
Changed to another nonconforming use without a special permit from the Board of Adjustment, and then only to a use which, in the opinion of said Board, is of a more restricted nature.
(c)
Reestablished after the physical operation thereof has ceased for a period of one year for any reason. Intent to resume active operation of nonconforming use after cessation thereof shall not confer the right to do so.
(2)
Except as provided in Subsection A(4) hereinafter, no building which houses a nonconforming use shall be:
(3)
Any building which houses a nonconforming use and which is damaged or destroyed by less than 50% of its sound value or floor area, exclusive of the foundation, from any cause, may be restored, but not enlarged, and the nonconforming use reinstated within six months of such damage. If the restoration of such building is not completed within the said six-month period, the physical operation of the nonconforming use of such building shall be deemed to have ceased, unless such nonconforming use shall have been carried on without interruption in the undamaged portion of such building.
(4)
Any building housing a conforming use which does not conform to other than use regulations as set forth in this chapter may be rebuilt, if damaged, but shall not be altered or enlarged so as to increase the degree of nonconformity thereof.
(5)
Nothing in this article shall be deemed to prevent normal maintenance and repair or incidental alteration of any building or the carrying out, upon issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety, provided that the nonconformity is not extended. In granting such a permit, the Construction Official shall state the precise reason(s) to the Board of Adjustment why such alterations were deemed necessary.
(6)
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued or plans for which are on file with the Construction Official at the time of the passage of this chapter and the construction of which, in either case, shall have been diligently prosecuted within a year of the date of such permits. "Actual construction" is hereby defined to include the placing of construction materials in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
B.
All the foregoing provisions relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing at the time of the adoption of this chapter and to all uses and buildings that become nonconforming by reason of any amendment thereof, but not to any use established or building erected in violation of law, regardless of the time of establishment or erection.