Hackensack City Zoning Code
Article
VI Application of Regulations
§ 175-6.1 General application of regulations.
A.
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designed, used or intended to be used for
any purpose or in any manner other than as specified among the uses
hereinafter listed as permitted in the district in which such building
or land is located.
B.
No building or structure shall be erected, reconstructed or structurally
altered to exceed in height the limit hereinafter designated for the
district in which such building is located.
C.
No building or structure shall be erected, no existing building or
structure shall be altered, enlarged or rebuilt, nor shall any open
space surrounding any building be encroached upon or reduced in any
manner, except in conformity to the yard, lot area and building location
regulations hereinafter designated for the district in which such
building or open space is located.
D.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or open space for any other building, and no yard
or other open space on one lot shall be considered as providing a
yard or open space for a building on any other lot.
E.
No minimum off-street parking area or loading or unloading area shall
be considered as providing off-street parking, loading or unloading
for a use or structure on any other lot or parcel than the principal
use to which it is ancillary, except as provided herein.
§ 175-6.2 Continuation.
Any lawful use occupying any building, structure, lot or land
at the time of the effective date of this chapter or any amendment
thereto which does not comply after the effective date of any amendment
thereto with the use regulations of the district in which it is situated
may be continued in the building or structure or upon the lot or land
so occupied.
§ 175-6.3 Restoration and repair.
A.
Any nonconforming use or structure existing at the time of the passage
of this chapter may be continued upon the lot or in the building so
occupied, and any such structure may be restored or repaired if the
cost of repair or restoration of the current equalized value of the
new construction is less than 50% of the current equalized assessed
value of the existing structure, or as otherwise provided by applicable
law.
B.
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 50% of the market value of
the structure, less foundation systems, at the time of the partial
destruction.
C.
In the event of a partial destruction of a structure devoted to a
nonconforming use, the owner or occupant shall, within 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 90 days after date of notice, commence and diligently
proceed to the completion of the work.
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.
E.
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.
§ 175-6.4 Buildings under construction.
Any nonconforming building or structure lawfully under construction
on the effective date of this chapter, 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 year after the effective
date thereof.
§ 175-6.5 Abandonment.
A.
In the event that there is an abandonment of any nonconforming use
in accordance with applicable law, including evidence of nonuse by
the owner for a period of time reflecting the intent of the owner(s)
to no longer use the property for the nonconforming use, other than
a national emergency or Act of God, the same shall be deemed to be
an abandonment of such nonconforming use. Any subsequent exercise
of such abandoned nonconforming use shall be deemed a violation of
the terms of this chapter.
B.
No nonconforming use or structure which shall have been discontinued
or abandoned for a period exceeding 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.
§ 175-6.6 Expansion of nonconforming or conditional use.
A.
Any expansion of a nonconforming building or nonconforming use, if
permitted by variance, and any expansion of any conditional use shall
require, in each case, compliance with this chapter, including, for
example, and not by way of limitation, required open spaces, required
planted areas, required buffer areas and required parking spaces.
B.
A one- or two-family residential building which complies with the
use requirements of this chapter and is nonconforming because of the
interior side yard regulations may be enlarged, provided that there
shall be no other violations of the Zoning Ordinance.
(1)
Similarly, for the purposes of this subsection only, a zoning
violation does not exist when the existing front setback is nonconforming
but is in keeping with the established front yard setbacks of more
than half of the existing structures within 100 feet of each side
of the property.
§ 175-6.7 Street frontage required.
No permit for the erection of any building or structure shall
be issued unless the lot abuts a street giving access to such proposed
building or structure. Such street shall be an existing state, county
or municipal street or highway; a street shown upon a plat approved
by the Land Use Board; or a street on a plat duly filed in the office
of the County Recording Officer prior to the passage of this chapter
or any prior ordinance which required prior approval of plats by the
governing body or other authorized body. Before any such permit shall
be issued, such street shall have been certified to be suitably improved
to the satisfaction of the governing body or such suitable improvement
shall have been assured by means of a performance guaranty in accordance
with standards and specifications for road improvements approved by
the governing body, as adequate in respect to the public health, safety
and general welfare of the special circumstances of the particular
street.