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defendantzoningnovation

zoning

Related Cases

Town of Belleville v. Parrillo’s, Inc., 83 N.J. 309, 416 A.2d 388

Facts

Parrillo's operated as a restaurant prior to 1955 when a zoning ordinance was enacted that prohibited restaurants in a 'B' residence zone. The establishment qualified as a preexisting nonconforming use. In 1978, after renovations, Parrillo's began operating as a discotheque, which led to charges of violating the zoning ordinance. The municipal court found Parrillo's guilty, and the conviction was upheld by the Superior Court, which noted the significant change in the nature of the business.

The record demonstrates that sometime prior to 1955 Parrillo's operated as a restaurant and catering service on Harrison Street, Belleville.

Issue

Did the conversion of Parrillo's operation from a restaurant to a discotheque constitute an unlawful extension of a nonconforming use under the zoning ordinance?

Did the conversion from a restaurant to a discotheque represent a substantial change, and was thus improper?

Rule

A nonconforming use may continue only if it is substantially the same kind of use as that to which the premises were devoted at the time of the passage of the zoning ordinance. Changes in use must be assessed qualitatively rather than quantitatively.

A nonconforming use may continue only if it is a continuance of substantially the same kind of use as that to which the premises were devoted at the time of the passage of the zoning ordinance.

Analysis

The court determined that the change from a restaurant to a discotheque represented a substantial alteration in the character of the business. The evidence showed that the primary use shifted from dining to dancing, with significant changes in operations, including the introduction of an admission charge and alterations to the premises that affected the neighborhood's character.

The court determined that the change from a restaurant to a discotheque represented a substantial alteration in the character of the business.

Conclusion

The Supreme Court reversed the Appellate Division's decision and reinstated the conviction, concluding that the defendant's change in use was a prohibited extension of a nonconforming use.

We therefore reverse and reinstate the judgment of conviction.

Who won?

The Town of Belleville prevailed in the case because the Supreme Court found that the defendant's operation as a discotheque constituted a substantial change from its prior use as a restaurant, violating the zoning ordinance.

The Supreme Court reversed the Appellate Division's decision and reinstated the conviction.

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