ARTICLE XI NONCONFORMING USES AND STRUCTURES
§175-11.1 CONTINUATION OF USE

A. 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 Ordinance or any applicable amendment thereto may be continued, except as otherwise provided herein.

B. Any lawful nonconforming use or structure existing on the effective date of this Ordinance may be continued upon the premises or in the building so occupied or used.

C. Any lawful nonconforming use subject to condition or conditions or limited as to term of duration shall continue subject to any such condition or conditions and only for and to the end of the term of duration for which such nonconforming use was granted.

§175-11.2 PARTIAL DESTRUCTION OF NONCONFORMING USE: RESTORATION OR REPAIR

A. Any nonconforming use or structure existing on the effective date of this chapter may be restored or repaired in the event of partial destruction thereof, provided that the cost of such restoration and repair, in compliance with all existing construction codes of the City of Hackensack and does not exceed fifty (50) percent of the market value of the structure, less foundation systems, at the time of the partial destruction.

B. In the event of a partial destruction of a structure devoted to a nonconforming use, the owner or occupant shall, within ninety (90) days after such event, give notice in writing to the Administrative Officer or the Construction Official of his intention to restore or repair the structure, and within ninety (90) days after date of notice, commence and diligently proceed to the completion of the work.

C. Nonconforming signs as established by this Ordinance and/or the Building Code may remain at their present location, provided that only basic maintenance work on these signs shall be permitted. Maintenance work shall not mean to include the removal of a sign for repair, alteration or repainting nor the relettering of a sign to a name other than that which existing at the time of the passage of this Ordinance. The relettering of a sign at the site shall not apply to billboards.

D. 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 Official, Zoning Officer, or other authorized State or City official.

§175-11.3 EXTENSIONS, ENLARGEMENTS OR CHANGES

A. No existing building or premises devoted to a non-conforming use as permitted by this Article, shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use permitted in the district in which such building or premises is located; and no nonconforming use shall be changed to another or different nonconforming use.

B. A one- or two-family residential building which complies with the use requirements of this Ordinance and is nonconforming because of the interior side yard regulations may be enlarged, provided that the following conditions are met.

(1) There shall be no other violations of the Zoning Ordinance. For the purposes of this subsection only, a zoning violation does not exist when the existing front setback is non conforming but is in keeping with the established front yard setbacks of existing structures within one hundred feet (100') of each side of the property.

§175-11.4 DISCONTINUANCE OR ABANDONMENT

No nonconforming use or structure which shall have been discontinued or abandoned for a period exceeding twelve (12) months shall be resumed; provided, however, that no such use or structure shall be resumed if the premises upon which such use or structure existed is devoted to a conforming use after the discontinuance or abandonment of the nonconforming use.

§175-11.5 MODERNIZATION OF NONCONFORMING STRUCTURES

Nothing contained in this Article shall prohibit the modernization of existing nonconforming structures; provided, however, that such modernization does not entail any extension, enlargement, addition or change of the nonconforming use.

§175-11.6 NONCONFORMING BUILDINGS LAWFULLY UNDER CONSTRUCTION

Any nonconforming building or structure lawfully under construction on the effective date of this Ordinance, pursuant to plans filed with the Construction Official and approved by him 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 one (1) year after the effective date thereof.