Hasbrouck Heights City Zoning Code
ARTICLE VIII
Nonconforming Uses, Structures and Lots
§ 275-27 Continuation of lawful nonconforming uses, structures or lots.
[Amended 8-9-2005 by Ord. No. 2099]
A use, structure or lot which is lawfully conducted or in existence prior to the effective date of any ordinance rendering such use, structure or lot nonconforming shall become a lawful nonconformity and may lawfully continue either in the manner as it was conducted or to the same extent as it existed prior to the adoption of that ordinance without any constraint whatsoever as hereinafter provided.
§ 275-28 Changes to lawful nonconforming uses, structures or lots.
[Amended 8-9-2005 by Ord. No. 2099]
A lawful nonconforming use or structure or any use or structure upon a lawful nonconforming lot as defined in § 275-27 hereof shall not be enlarged, extended, reconstructed or structurally altered except to conform or otherwise as follows:
A.
Changes that constitute maintenance, repair or refurbishment that do not extend the particular nonconformity.
B.
Restoration of any structure declared unsafe or unlawful by the Construction Code Official, the Fire Safety Officer or any other authorized state, county or Borough official having jurisdiction to so order but only if such restoration does not extend the nonconformity or further negatively impact the zoning.
C.
Reconstruction of an accidentally destroyed lawfully nonconforming structure but only if the foundation of that structure remains intact and structurally useable and only if such reconstruction does not extend the nonconformity or further negatively impact the zoning.
D.
Changes of title or ownership or conveyance of any interest to such property such as mortgages or leases.
E.
The enlargement, extension or alteration of any lawful nonconforming structure, the use of which complies with current use regulations, but only if such enlargement, extension or alteration conforms to the presently existing requirements of this chapter and only if such enlargement, extension or alteration does not extend the particular nonconformity or further negatively impact the zoning. (As for example, a structure the use of which is presently in conformity which is rendered nonconforming by the adoption of an ordinance requiring a greater side yard than provided is a lawful nonconforming structure which shall be permitted to continue and which may be enlarged, extended and altered as long as any such enlargement, extension or alteration conforms to all requirements and does not add to the portion of the structure that does not conform.)
§ 275-29 Abandonment of rights related to lawful nonconformity.
[Amended 8-9-2005 by Ord. No. 2099]
A.
Lawful nonconforming structures. The right to continue a lawful nonconforming structure shall be considered to have been abandoned only if destroyed to the extent that the foundation thereof is no longer intact and structurally useable for its reconstruction.
B.
Lawful nonconforming uses. The right to continue a lawful nonconforming use shall be considered to have been abandoned only if the cessation of that use is voluntary and not merely the unintended temporary inability to continue the same.
C.
Lawful nonconforming lots. The right to continue a lawful nonconforming lot shall be considered to have been abandoned only if the owner thereof acquires title in the same name to adjacent lands which, when so merged with the nonconforming lot, constitutes a single conforming lot.
§ 275-30 Structures lawfully under construction.
[Amended 8-9-2005 by Ord. No. 2099]
Any structure lawfully under construction pursuant to plans approved by the Construction Official and by all other municipal boards or agencies, the approval of which is required for such construction, which is thereafter rendered nonconforming by the adoption of an ordinance which it violates, may be completed and/or may be used for the nonconforming use for which it was designed to the same extent as if such building had been completed and had been in use on the effective date of the ordinance which it violates, provided that such building or structure shall be completed within one year after the effective date of that ordinance. If so completed, it shall thereafter be considered a lawful nonconforming structure and/or use, and all the rights pertaining to a lawful nonconforming lot and/or use shall pertain to it.
§ 275-31 Nonconformity by virtue of grant of variance.
All of the provisions of this article shall apply to uses or structures permitted by virtue of the lawful grant of a variance therefor, except that such structures or uses shall not be considered lawful uses in relation to any application for subdivision of the premises.
§ 275-32 Duration of rights under variance.
[Amended 8-13-1991 by Ord. No. 1601]
A.
The rights conferred by virtue of a grant of a variance shall expire if the proposed use and/or development permitted by such variance is not fully completed and is not also granted a zoning certificate of compliance, if applicable, within the following periods from the date of the adoption of the resolution memorializing the grant of such variance by either the Board of Adjustment or the Planning Board.
(1)
Use variances not in conjunction with any new construction requiring site plan approval: six months.
(2)
Bulk variances not in conjunction with construction requiring site plan approval and/or subdivision approval: one year.
(3)
Bulk variances and/or use variances in conjunction with new construction requiring site plan approval: two years.
(4)
Any other variance: such period as the granting board may designate, but no more than one year.
B.
Such period may be extended by the board granting such variance for one additional period not to exceed six months by that board on a public hearing after due notice thereof given in the same manner as required for the grant of that variance and upon determination by that board that none of the circumstances relevant to the grant of that variance have changed.