River Vale City Zoning Code
ARTICLE LV
Nonconforming Buildings and Uses
§ 142-254 Continuation of existing uses and structures.
[Amended 9-12-1974 by Ord. No. 0-12-74R]
A.
A use, building or structure lawfully in existence at the effective date of this Part 9, or any applicable amendment thereto, which shall thereby be made nonconforming may be continued except as otherwise provided in this article.
B.
A nonconforming use, building or structure which is not utilized for six months or which is made a conforming use for any period of time shall be deemed an abandonment of the nonconforming use, building or structure, which shall not thereafter be revived.
§ 142-255 Prohibition of enlargement; repairs; destruction.
[Amended 7-23-1987 by Ord. No. 0-8-87]
A.
Structural alteration.
[Amended 7-23-1987 by Ord. No. 0-8-87]
(1)
No use, building or structure which is nonconforming shall be changed, enlarged, extended, reconstructed, substituted or structurally altered except to a conforming use, building or structure or when required by law.
(2)
Notwithstanding the provisions of Subsection A(1) above, a nonconforming single-family residence which complies with the use requirements of this Part 9 and is nonconforming because of height, area, yard and/or parking requirements may be enlarged or extended, provided that any such enlargement, extension or alteration shall conform to the presently existing requirements of the Zoning Ordinance and that such requirements are not further violated.
B.
Any nonconforming use, building or structure which is partially destroyed by fire, other casualty or act of God may be repaired and used in the same manner as prior thereto, provided that the floor and building area thereof shall not exceed that which existed prior to such partial destruction. All such repairs shall be completed within six months after the date of partial destruction, or the nonconforming use, building or structure shall be deemed to have been abandoned.
C.
When destruction of a nonconforming use, building or structure exceeds partial destruction, the same shall not be rebuilt or restored except in conformity with all of the provisions of this Part 9.
§ 142-256 Transfer of areas.
If any area is hereafter transferred from one district to another district, as by a change in district boundaries, the provisions of this Part 9 with regard to buildings or premises existing as of the date of the final passage of this Part 9 shall apply to buildings or premises lawfully existing in such transferred area at the time of the passage of such amendment.
§ 142-257 Exemptions.
Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which had been duly granted and the construction of which shall have been started before the date of final adoption of this Part 9, and which entire building shall have been completed, according to such plans as have been filed, within six months from the date of the passage of this Part 9.
§ 142-258 Conditional use of certain lots.
[Added 6-27-1985 by Ord. No. 0-6-85]
A.
Definitions. In addition to those definitions set forth in Article LVII, § 142-262, the following words and phrases shall have the following meanings for purposes of this section only:
ELIGIBLE LOT
A lot which satisfies each of the requirements set forth in this section.
IMPERVIOUS SURFACE
Any area covered by a building, cement, concrete or other artificial structure or substance, and includes rock, wood and other natural substances placed on the lot by human effort, but does not include lights or trees. This phrase also includes any overhanging portion of the roof or similar building component.
LAND USE RESTRICTION
Any applicable restrictions imposed by the Code of the Township of River Vale, including, without limitation, those restrictions contained in Parts 1, 6 and 8 and this Part 9 of this chapter.
LIVING FLOOR SPACE
An enclosed, finished area suitable for human habitation. This phrase does not include any porch, cellar, attic or garage or any area not fully enclosed with noncontinuous walls and ceiling.
SMALL ACCESSORY STRUCTURE
A roofed, enclosed structure which is less than eight feet in height, occupies a ground area of less than 36 square feet, and which is not suitable for use as a dwelling.
B.
Requirements for development. No lot shall be eligible for development under this section unless all of the following requirements are satisfied:
(1)
The lot was in existence as a separate lot on the Tax Assessment Map of the Township of River Vale at the time of enactment of this section.
(2)
The lot is incapable of development for any permitted purpose solely by reason of the land use restrictions set forth in the Code of the Township of River Vale resulting in the lot being nonconforming.
(3)
The lot was in existence as a separate lot at the time of enactment of the earliest land use restriction which rendered the lot nonconforming.
(4)
At the time of adoption of the earliest land use restriction rendering the lot nonconforming, and at all times subsequent thereto, no legal or equitable owner of the lot has simultaneously held legal or equitable title to any contiguous land.
(5)
Neither the owner of the lot nor any of said owner's predecessors in title created the nonconforming condition of the lot or caused self-inflicted hardship on the lot, however evidenced.
(6)
The owner shall have transmitted by certified mail, return receipt requested, no more than 90 days nor less than 30 days before filing an application for development under this section with the Joint Planning Board, a good faith written offer to sell the lot for a fair and reasonable price to each owner of contiguous land.
(7)
The owner shall have transmitted by certified mail, return receipt requested, no more than 90 days nor less than 30 days before filing an application for development under this section with the Joint Planning Board, a good faith written offer to purchase any additional vacant contiguous land which, if purchased by the owner and combined with the lot, would reduce the lot's nonconformity to any land use restriction of the Township of River Vale governing said lot; provided, however, that such purchase would not result in rendering the contiguous land nonconforming with any land use restriction of the Township of River Vale governing such land.
C.
Application to Joint Planning Board.
(1)
The owner of an eligible lot who wishes to develop same shall cause an application for a conditional use under this section to be filed with the Joint Planning Board of the Township in such form as may be fixed by the Joint Planning Board, such application to include renderings and architectural plans for the proposed development which shall form part of any approval by the Joint Planning Board. In addition to providing data as to the eligibility of the lot under this section, such application shall also comply with any ordinance of the Township governing minor site plan review, as well as being subject to notice and a hearing as described in §§ 142-38 and 142-39 of Part 1 of this chapter.
(2)
The Joint Planning Board shall review all applications under this section in accordance with applicable law. Only in the event that the Joint Planning Board finds that the lot is an eligible lot under Subsection B shall it grant the application for development as a conditional use according to the specifications and standards set forth in Subsection D. The Joint Planning Board shall have the authority to relax any of the specifications and standards set forth in this Part 9 in appropriate circumstances.
D.
Specifications and standards.
(1)
Maximum coverage. The proposed building, including any overhanging or projecting roof, may not cover more than 20% of the total area of the lot.
(2)
Impervious surface coverage. No more than the 30% of the lot may be covered by an impervious surface.
(3)
Maximum height.
[Amended 5-22-1986 by Ord. No. 0-9-86]
(a)
The maximum height of any building proposed under § 84-33.1 shall be a height calculated as follows:
Actual street frontage | ||
|---|---|---|
Height = Permitted zone height x | ||
Minimum required lot width at building line |
(b)
Notwithstanding the preceding provision of Subsection D(3)(a), the maximum height of the proposed building shall not exceed the maximum permitted height in the zone, and in no event shall the height of the proposed building be less than 20 feet.
(c)
Notwithstanding the foregoing provisions of Subsection D(3)(a) and (b), the elevation of the highest point of the roof of the proposed building shall not exceed the elevation of the highest point of the roof of any existing principal residential structure on any contiguous lot.
(4)
Minimum requirements.
(a)
Minimum front yard. The foregoing notwithstanding, no front yard shall be less than the front yard required in the zone in which the eligible lot is located.
(b)
Distance between buildings. The foregoing notwithstanding, no building on an eligible lot shall be closer to an existing dwelling or primary building on an adjoining lot than 20 feet.
(c)
Minimum side yard. The foregoing notwithstanding, no side yard shall be less than 10 feet.
(d)
Minimum rear yard. The foregoing notwithstanding, no rear yard shall be less than 20 feet.
(e)
Preservation of environment and aesthetics. If the construction of any building or other structure causes the destruction of one or more trees of over six feet in height, the owner shall plant and maintain no fewer than one tree for every three such trees so destroyed. The type and height of the trees so planted and maintained need not be the same as those destroyed. Further, any building or other structure shall conform, to the extent permitted by law, to the physical character and architectural style of the area in which the same is located.
(f)
Accessory buildings.
[1]
The owner may erect one detached small accessory structure on the lot, in addition to the building containing the dwelling unit or units. The owner shall not erect any other detached building or structure on the lot.
[2]
This restriction does not apply to an attached garage. This restriction does not apply to a pool, deck area or other similar area which is not covered by a roof.
(g)
Minimum living floor space. The dwelling shall contain not less than 600 square feet of living floor space if a one-story structure or not less than 800 square feet of living floor space if a two-story structure.
(h)
Other conditions. Such other conditions as may be prescribed by law shall also be considered minimum requirements.
(5)
Roof type. The roof of the proposed building shall have a center ridge line. The minimum pitch of each face of the roof shall be 5:12.
[Added 8-28-1986 by Ord. No. 0-14-86]
