Ridgewood City Zoning Code
§ 190-96
Applicability.
A.
General.
(1)
No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land, premises, building or structure is located. All uses and construction shall be in conformity with the regulations provided for the zone district in which such land, premises, building or structure is located and any other applicable regulations of this article.
(2)
No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this chapter. No lot, yard, parking area or other open space which is already less than the minimum required under this chapter shall be further reduced in area or dimension.
(3)
The control and regulation of the uses of buildings and structures by this chapter shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.
[Amended 6-12-2024 by Ord. No. 4002]
(a)
Use regulations in commercial districts are regulated by a mix of permitted categories of uses and specific uses. Where categories of use such as "retail sales" are indicated, the definition in § 190-3 shall apply, and permitted uses within the category are meant to be broad and encompassing unless otherwise prohibited by this chapter or any other section of the Village of Ridgewood Code.
(b)
Where there is uncertainty or ambiguity as to the nature of a use, the Zoning Officer shall render a determination as to its permissibility. The Zoning Officer is imbued with the authority to offer flexibility in the permission of novel or emerging uses within the permitted use categories, provided there does not appear to be a detriment to the public health, safety, morals, or general welfare.
(4)
In the case of a lot that is split by a zone district boundary line, and the zone districts on the lot have different requirements, application of the requirements shall be as follows, unless the provisions of this chapter specifically indicate otherwise:
[Added 7-16-2003 by Ord. No. 2830]
(a)
The use shall comply with the required use standards for the zone district within which the use is located.
(b)
The lot shall be required to comply with the most restrictive of the minimum lot area, minimum lot width, minimum average lot width, minimum lot frontage, minimum lot depth, minimum buildable area and minimum usable area standards of the various zone districts on the lot.
(c)
The yard setbacks shall be required to comply with the required dimensions for such setbacks of the zone district within which the yard is located; thus, each portion of a building that is split by a zone boundary would be subject to the setback standards of the zone within which that portion of the building is located. In the event that it is not possible to measure the yard depth without crossing a zone district boundary, the most restrictive setback standard of the various zones shall apply, but only to those locations where the measurement would cross the zone boundary.
(d)
The height of structures shall comply with the height requirements for the zone district within which such structures are located. In the case of a structure that is split by a zone district boundary, the most restrictive height standard shall apply.
(e)
The number of parking spaces required based upon floor area shall comply with the standard applicable to the zone within which the building is located. In the case of a building that is split by a zone boundary, the parking standard in each zone shall apply to that portion of the building floor area located in such zone.
(f)
The coverage by above-grade structures, the coverage by improvements, floor area ratio and density shall be required to comply with the standard for the zone in which the structures and improvements are located, calculated using the entire lot area. In the case of a building or buildings or improvements located partially in more than one zone district, a pro rata standard shall apply to the entire lot, using the following formula:
[1]
Calculate that percentage of the total coverage, floor area or number of dwelling units on the lot, as applicable, proposed in each zone.
[2]
Multiply the percentages resulting from the calculation in Subsection A(4)(f)[1] above for each zone times the applicable standard for coverage, floor area ratio or density, of the same zone.
[3]
Add the results from the calculations in Subsection A(4)(f)[2] above to determine the applicable standard.
As an example, consider a development located on a lot split by a zone boundary: Zone A permits 25% improvement coverage and Zone B permits 20% coverage. The development proposes 3,000 square feet of coverage in Zone A and 2,000 square feet of coverage in Zone B, for a total of 5,000 square feet of coverage. The permitted coverage for the above-grade structures would be 23% of the lot area, calculated as follows: | |
3,000 square feet coverage proposed in Zone A ÷ 5,000 square feet total proposed coverage = 60% of total coverage proposed in Zone A | |
2,000 square feet coverage proposed in Zone B ÷ 5,000 square feet total proposed coverage = 40% of total coverage proposed in Zone B | |
60% of total coverage proposed in Zone A x 25% coverage permitted in Zone A = 15% | |
40% of total coverage proposed in Zone B x 20% coverage permitted in Zone B = 8% | |
15% + 8% equals 23% coverage permitted in lot split by zone boundary |
(5)
Applicability to governmental flags. The display of the official flags of the United States, New Jersey or its political subdivisions, and any poles upon which such flags are hung, shall not be considered signs, and such flags shall be exempt from the sign regulations and historic preservation regulations of this article.
[Added 12-11-2013 by Ord. No. 3400]
B.
Permits. No zoning permit, building permit, certificate of occupancy, sign permit or historic preservation permit shall be issued until all the requirements of this chapter, any other applicable Village or state regulations and ordinances, Planning Board or Board of Adjustment decisions, necessary resolutions of the Village Council and the site plan, as approved by the Planning Board, have been and are fully complied with.
C.
Subdivisions. Whenever a new lot is formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to impair any of the requirements of this article. No subdivision shall be permitted which results in a change in a front, side or rear yard that fails to comply in every respect with the required provisions of the zone in which it falls.
D.
Site plans. All site plans submitted to the Planning Board or the Zoning Board of Adjustment shall be required to conform to the provisions of this article.