Ridgefield City Zoning Code

Within the districts established by this Part 1, there exist lots, structures and uses of land and structures which were lawful before this Part 1 was passed but which would be prohibited, regulated or restricted under the terms of this Part 1. It is the intent of this Part 1 to permit these nonconformities to continue but not to permit their enlargement, expansion or extension nor to permit them to be used as grounds for the addition of other prohibited structures or uses elsewhere in the same district.

To avoid undue hardship, nothing in this Part 1 shall be deemed to require a change in the plans, construction or designated uses of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Part 1 and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner, except that, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Part 1.

If any such nonconforming use of land ceases for any reason for a period of more than 60 days, any subsequent use of such land shall conform to the regulations specified by this Part 1 for the district in which such land is located.

No such structure may be altered in a way which increases its cubic content, except that in the structural uses permitted by right as set forth in Districts A and B:

Should such structure be damaged by reason of fire, explosion, windstorm or the elements or by any other means (including, without limitation, any demolition, voluntary or otherwise) to an extent of either more than 50% of its replacement cost or a maximum of 50% of its cubic content at the time of damage, it shall not be reconstructed except in conformity with the provisions of this Part 1; provided, however, that where such destruction within Districts A and B occurs by means other than demolition, voluntarily or otherwise, such structure may be reconstructed within its existing foundation lines, provided that such reconstruction within existing foundation lines does not violate any existing front and/or rear yard depth requirements and that such construction is not in violation of a five-foot side yard width restriction in the uses permitted by right as set forth in A District restrictions and a four-foot side yard width restriction in the uses permitted by right as set forth in B Districts.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.

Any existing structure on a nonconforming lot or any existing structure on a conforming lot which violates any yard requirements may have additions to the principal building, and said addition to the principal building does not create any additional deficiencies.

A gabled extension of a second story room through a sloping roof to allow for a vertical window opening into the room (also known as a "dormer") shall be permitted if it does not extend beyond the building line, even if the existing building has a deficient rear yard, front yard or side yard.

All questions relating to vertical window openings, location of window openings, number of stories and requirements of code are to be at the discretion of the Borough Construction Code Official. The number of stories subject to this chapter shall not exceed three.

No existing structure devoted to a use not permitted by this Part 1 in the district in which it is located shall be enlarged, extended, reconstructed, moved or structurally altered, except in changing the use of such structure to a use permitted in the district in which it is located.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and no nonconforming use may thereafter be resumed.

Where a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for 12 consecutive months, such nonconforming use of a structure, or structure and land in combination, shall not continue except in conformity with the regulations of the district in which it is located.