Saddle River City Zoning Code
ARTICLE XI
Nonconforming Uses and Structures
§ 210-48 Continuance of use or structure.
A.
Any lawful nonconforming use which existed at the effective date of this chapter may be continued, but no such nonconforming use shall be extended or enlarged, and no structure by which such nonconforming use is occupied shall be structurally altered or reconstructed (except as provided hereinafter) unless the purpose of said extension, enlargement, reconstruction or alteration is designed or intended to make the use of the structure or land a conforming use under the terms of this chapter.
(1)
No nonconforming use shall be extended.
(2)
A nonconforming use changed to a conforming use shall not thereafter revert to a nonconforming use.
(3)
No nonconforming use shall be changed to another or different nonconforming use.
(4)
The owner or occupant of any structure which constitutes all or any part of a nonconforming use shall make only those repairs as may be required for the safety of the structure, the preservation of its value or the safety of the occupants.
(5)
For the purpose of the administration and enforcement of this chapter, it shall be prima facie evidence that a nonconforming use has been abandoned when there has been a cessation of the exercise of such nonconforming use for a period of one year.
B.
Any building or structure which existed at the effective date of this chapter, was nonconforming on such date by reason of its design, its placement on a conforming lot or its location on a nonconforming lot and constituted an otherwise conforming use may be continued. In addition to such right of continuance and the rights accorded under § 210-50, when such building is the principal building on its lot, such principal building may be structurally altered or enlarged, provided that such structural alteration or enlargement does not create any new and further encroachment into any front yard, rear yard or side yard as required by this chapter and does not create a new violation of the terms and provisions of this chapter, and provided further that the provisions of Subsection A of this section shall not be construed to waive the requirements of any other ordinance of the Borough.
C.
Where a subdivider, on the final map of any major or minor subdivision, indicated the building setback line in accordance with the requirements of the Subdivision Ordinance of the Borough of Saddle River then in effect, which map had been approved by the Planning Board of the Borough of Saddle River prior to the date of passage of this chapter, the owner of any lot created by such subdivision shall be entitled to construct a residence thereon in accordance with such building setback line notwithstanding the fact that the Limiting Schedule of this chapter[1] may require a greater setback; provided, however, that in no event shall this provision permit a residence to be constructed with a front yard of less than 100 feet.
[1]
Editor's Note: See Schedule B; Limiting Schedule, which is included at the end of this chapter.
§ 210-49 Completion of existing buildings or structures.
Nothing contained in this Article shall require any change in plans, construction or designated use of a building or structure for which a building permit has heretofore been issued and where actual construction has commenced and is diligently pursued pursuant thereto.
§ 210-50 Destruction; restoration.
[Amended 4-15-1991 by Ord. No. 565-C]
If any building or structure constituting a nonconforming use or nonconforming building is destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy, the building or structure may be rebuilt, restored or repaired to its original dimensions.
§ 210-51 Zone boundary changes.
Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, this chapter shall also apply to any nonconforming use existing therein or created thereby.
§ 210-52 Nonconforming vacant lots.
Any lot in the R-1 or R-2 Residential Zone which was shown as a separate lot on the Tax Assessment Map prior to the effective date of this chapter and which is nonconforming under this chapter in respect to width, frontage or area and which has not, since the passage of this chapter or any antecedent Zoning Ordinance, been contiguous to other property under the same ownership may be used for any use permitted in the zone in which the lot is located under this chapter, provided that the use of such lot will not violate any other requirements of Limiting Schedule B of this chapter.[1]
[1]
Editor's Note: See Schedule B; Limiting Schedule, which is included at the end of this chapter.
§ 210-53 Use variances.
Use variances existing at the time of passage of this chapter or granted hereafter shall be recorded immediately by the Zoning Officer on the Zoning Map.
§ 210-54 Record of variances.
A.
The Zoning Officer shall establish and maintain a record of all variances, including variances granted by the Planning Board, zoning variances granted by the Board of Adjustment and conditional uses granted by action of the Planning Board under the terms and provisions of this chapter.
B.
This record shall be prepared immediately and shall be kept in the office of the Borough Clerk and shall be available for public inspection. In the monthly reports required by this chapter, the Zoning Officer shall include an abstract from such record.