Town of Belleville v. Parrillo's, Inc.

Supreme Court of New Jersey · 1980 · Property

416 A.2d 388 (1980)

Updated July 23, 2026

PropertyZoningNonconforming usesnonconforming usechange in useextension of nonconforming usequalitative analysischaracter of use

Facts

Parrillo's had operated as a restaurant and catering service before Belleville adopted a 1955 zoning ordinance that prohibited restaurants in its residential zone, so the establishment continued as a lawful preexisting nonconforming use. In 1978 the owners renovated the premises and reopened as a discotheque. The business was thereafter advertised as a disco, operated on fewer days, emphasized dancing over dining, used recorded music with a disc jockey, charged admission on key nights, added several bars, reduced or eliminated tables, used psychedelic lighting, stopped its former food catering business, and mainly served limited food items. Residents complained, and after the town denied a required discotheque license, the municipality charged defendant with unlawfully extending its nonconforming use.

Issue

Whether converting a preexisting nonconforming restaurant into a discotheque constituted a substantial and therefore impermissible change or extension of the nonconforming use under New Jersey zoning law. More specifically, the question was whether the change should be judged by separately comparing individual business components or by evaluating the total quality, character, and intensity of the use.

Rule

A nonconforming use may continue only as a continuance of substantially the same kind of use existing when the zoning ordinance was adopted. Any enlargement or change in the nonconformity is prohibited unless the change is so negligible or insubstantial that it does not warrant judicial or administrative interference; doubts are resolved against the enlargement or change. In deciding whether a change is substantial, courts must use a qualitative, not merely quantitative, analysis focused on the quality, character, and intensity of the use in their totality and on its overall effect on the neighborhood and the zoning plan.

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In Portland, Maine, a lawful preexisting nonconforming café in a residential district had long operated as a breakfast-and-lunch spot with occasional acoustic music. After renovations, owner Nina Calder removed most tables, installed a large dance floor and light system, hired DJs three nights a week, and began charging a cover after 9 p.m., while still selling sandwiches at a side counter.

If the city cites Nina for unlawfully extending the nonconforming use, which is the strongest argument for upholding the citation?

Explanation. A lawful nonconforming use may continue only as substantially the same kind of use that existed when the ordinance took effect. The majority requires a qualitative, holistic inquiry into the quality, character, and intensity of the use, and its overall effect on the neighborhood and zoning plan. Here, the shift from dining with incidental entertainment to a primarily dance-oriented business is a substantial change, even though some food service remains.