Upper Saddle River City Zoning Code
ARTICLE VI
Nonconforming Buildings and Uses
§ 150-30 Applicability.
The following provisions shall apply to all buildings and uses existing on March 13, 1969, which buildings and uses do not conform to the requirements set forth in this chapter, to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and to all conforming buildings housing nonconforming uses.
§ 150-31 Continuance.
Any nonconforming use may be continued indefinitely, but shall not be:
A.
Enlarged, extended, reconstructed or placed on a different portion of the lot occupied by such use on March 13, 1969, nor shall any external evidence of such use, such as traffic, noise, vibration, smoke, dust, odors, heat or glare, be increased by any means whatsoever.
B.
Changed to another nonconforming use without a special permit from the Board of Adjustment and then only to a use which, in the opinion of the Board, is of the same of a more restricted nature, all with approval of the Mayor and Council.
C.
Reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
§ 150-32 Nonconforming use of buildings.
Except as provided in § 150-34 below, no building which houses a nonconforming use shall be:
A.
Structurally altered or enlarged.
B.
Moved to another location where such use would be nonconforming.
C.
Restored for other than a conforming use after damage from any cause exceeding 50% of the replacement cost of the building, exclusive of foundations. Any building damaged to a lesser extent may be restored but not enlarged and the nonconforming use reinstated within one year of such damage; if the restoration of the building is not completed within a one-year period, the nonconforming use of such building shall be deemed to have been discontinued.
§ 150-33 Nonconforming use of land.
[Amended 9-8-1988 by Ord. No. 15-88]
Normal maintenance and repair, structural alteration in and moving, demolition and reconstruction or enlargement of a building which does not house a nonconforming use but is nonconforming as to the zone regulations for lot area, lot width, front yard, side yard, rear yard, maximum height, maximum lot coverage or minimum livable floor area per dwelling are permitted if the same do not increase the degree of or create any new nonconformity with such regulations in the building.
§ 150-34 Exceptions.
[Amended 5-8-1986 by Ord. No. 8-86]
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building nor the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Construction Code Official shall state the precise reason why such alterations were deemed necessary.