Borough of Rutherford, NJ
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2023-12-11
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The Code
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Chapter 131 Zoning
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Article VII Nonconforming Uses and Structures
- The Code
- Ch 1 General Provisions
- Ch 4 Administrative Offices
- Ch 5 Administrative Code
- Ch 6 Alarm Equipment Installation
- Ch 7 Alcoholic Beverages
- Ch 8 Amusement Games
- Ch 10 Animals
- Ch 12 Bicycles
- Ch 14 (Reserved)
- Ch 15 (Reserved)
- Ch 16 Board of Health
- Ch 17 (Reserved)
- Ch 18 Building Code
- Ch 19 Builders and Contractors Licensing
- Ch 19A Cannabis
- Ch 20 Car Lots: New and Used
- Ch 20A Cat Licensing
- Ch 21 Clean Environment
- Ch 21A Commercial Property Maintenance
- Ch 22 Construction Codes, Uniform
- Ch 22A Convenience Stores
- Ch 22B (Reserved)
- Ch 23 Curfew, Emergency
- Ch 24z (Reserved)
- Ch 25 Disability Act Advisory Committee
- Ch 26 Dogs, Pets, Animals and Kennels
- Ch 27 Donation Clothing Bins
- Ch 28 Dry Cleaning and Laundry Machines, Coin-Operated
- Ch 29 (Reserved)
- Ch 30 Elevators
- Ch 31 Ethics, Code of
- Ch 31A Finance Department
- Ch 32 Fingerprint Identification and Criminal History Record Checks
- Ch 33 Fire Department
- Ch 33A Firefighter Auxiliary Program, Junior
- Ch 34 Filming
- Ch 34A Fire Safety
- Ch 35 Fire Lanes or Zones
- Ch 36 Food and Beverage Vending Machines
- Ch 36A Food Establishments
- Ch 36B Food Handlers Training
- Ch 37 Flood Damage Prevention
- Ch 39 Games of Chance
- Ch 39A Garage Sales and Lawn Sales
- Ch 40 Garbage, Rubbish and Refuse
- Ch 41 Graffiti
- Ch 43 Grease Traps
- Ch 44 (Reserved)
- Ch 45 Heliport
- Ch 46 Housing Authority
- Ch 46A (Reserved)
- Ch 47 Housing Code
- Ch 48 Insurance
- Ch 50 Land Subdivision and Site Plan Regulations
- Ch 51 Land Use Procedures
- Ch 51A Length of Service Award Program
- Ch 52 Library Property and Books
- Ch 53 Littering
- Ch 54 Loitering
- Ch 54A Marriage and Civil Union Ceremonies
- Ch 55 Massage and Bodywork Therapies
- Ch 56 Materials, Deposit and Removal of
- Ch 57 Merchants and Rutherford Business District Licenses
- Ch 59 (Reserved)
- Ch 60 Municipal Court
- Ch 61 Municipal Property and Grounds
- Ch 61A Municipal Property, Sale of
- Ch 62 Newsracks
- Ch 63 Noise Control
- Ch 63A Numbering of Buildings and Lots
- Ch 64 Nuisance Code
- Ch 64A Obscene Materials
- Ch 65 Outdoor Cafes
- Ch 66 Parking Area Lighting Regulations
- Ch 66A Parking Yards and Places
- Ch 66B (Reserved)
- Ch 67 Payment of Pensions to Dependents of Volunteer Fire Fighters
- Ch 68 Peace and Good Order
- Ch 69 Permanent Cosmetics Establishments
- Ch 70 Personnel Policies and Practices
- Ch 72 (Reserved)
- Ch 73 Playgrounds, Parks, Open Spaces and Recreation Areas
- Ch 74 Plumbing Code
- Ch 76 Police Department
- Ch 77 Poolrooms, Billiard Parlors and Bowling Alleys
- Ch 77A Precious Metals and Secondhand Goods
- Ch 78 Property Maintenance
- Ch 79 Public Amusement Structures
- Ch 80 (Reserved)
- Ch 81 Purchasing
- Ch 82 Purchasing, Cooperative
- Ch 82A Recycling
- Ch 82B Registration of Landscapers and Landscaping Services
- Ch 83 Recreation Department
- Ch 83A Rent Control
- Ch 84 (Reserved)
- Ch 87 Salary Schedules
- Ch 89 Sanitary Code
- Ch 91 Sanitary Sewers
- Ch 91A Service Stations and Motor Vehicle Repair Facilities
- Ch 92 Sewage Disposal Code
- Ch 93 Sewers: Disposal of Industrial Waste
- Ch 94 Sewers and Wastewater Disposal
- Ch 95 Shade Tree Commission
- Ch 96 Shopping Carts
- Ch 96A Short-Term Rental Property
- Ch 97 Signs
- Ch 98 Skateboards, Bicycles, Roller Skates and Scooters
- Ch 99 Smoke Control
- Ch 100 Snow Removal
- Ch 102 Soil Removal
- Ch 104 Solicitations for Charitable Purposes
- Ch 105 Solicitors, Peddlers and Canvassers
- Ch 105A (Reserved)
- Ch 106 Special Sale Regulations
- Ch 106A Sports Equipment Prohibition in Roadways
- Ch 107A Stormwater Management Control, State
- Ch 107B Stormwater Management, Borough
- Ch 107C Stormwater Management Control: Feeding of Wildlife
- Ch 107D Stormwater Management, Miscellaneous
- Ch 108 Streets and School Safety
- Ch 109 Streets and Sidewalks
- Ch 110 Street Closings
- Ch 111 Swimming Pools
- Ch 112 Taxes
- Ch 113 Taxicabs
- Ch 114 Telephone Booths
- Ch 116 Tent Caterpillar Control
- Ch 116A Tobacco Products
- Ch 117 Towing
- Ch 119 (Reserved)
- Ch 120 Trees and Shrubbery
- Ch 123 Unfit Dwellings
- Ch 124 Vacant and Abandoned Properties
- Ch 125 Vehicles, Abandoned or Junked
- Ch 126 Vehicles and Traffic
- Ch 127 Volunteer Organizations
- Ch 129 Water Pollution
- Ch 131 Zoning
- Ch 131 Art VII Nonconforming Uses and Structures
- § 131-39 Nonconforming uses and lots.
- Disposition List
- Ch DL Disposition List
[Amended 12-13-2021 by Ord. No. 3588-21]
A.
Continuance. Except as otherwise provided in this
article, the lawful use of land or buildings existing at the date
of the adoption of this chapter may be continued although such use
or building does not conform to the regulations specified by this
chapter for the district in which such land or buildings is located;
provided, however:
(1)
That no nonconforming lot shall be further reduced
in size.
(2)
That no nonconforming building shall be enlarged,
extended or increased.
(3)
That no nonconforming use may be enlarged, extended
or increased.
(4)
That the lawful use of a nonconforming building may
be extended to any portion of such nonconforming building.
B.
Restoration. If any nonconforming building or use
shall be destroyed to an extent of 50% or less of the recorded true
valuation, then such destruction shall be deemed partial destruction
and may be rebuilt, restored or repaired. Such restoration shall take
place within 12 months of the time of destruction. Nothing in this
chapter shall prevent the strengthening or restoring to a safe condition
any wall, floor or roof which has been declared unsafe by the Building
Inspector. If this time period is exceeded, a building permit shall
only be issued for a conforming use.
C.
Abandonment. An abandoned nonconforming use shall
not be reinstated. A nonconforming use shall be adjudged as abandoned
when there occurs a cessation or discontinuance of use by an act or
failure to act on the part of the tenant or owner to reinstate said
use within a one-year period.
D.
Reversion. No nonconforming use shall, if once changed
into a conforming use, be changed back again to a nonconforming use.
E.
Alterations. A nonconforming building or structure
may be reconstructed, but not enlarged or extended unless said building
is changed to a building conforming to the requirements of this chapter.
F.
Actual construction. Nothing in this chapter shall
require any change in the plans, construction or designated use of
any building for which a building permit has been issued, provided
that actual construction is lawfully begun within six months and completed
within 12 months of the effective date of this chapter. In the event
that work is not commenced or completed within the required period,
such permit or permits shall be void.
G.
Reclassification. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any conforming uses existing therein or created thereby.
H.
Unlawful use. Nothing in this chapter shall be interpreted
as authorization for or approval of the continuance of the use of
a structure or premises in violation of zoning regulations in effect
at the time of the effective date of this chapter.
I.
Nonconforming
lots may be continued for any purpose permitted in the zone in which
the lot is located, provided that:
(1)
At
the time of and since the adoption of the zoning ordinance making
such lot nonconforming, the owner of the lot did not own adjoining
property; and
(2)
The
property must be no less than 80% of the required measurement as to
width, length and lot size; and
(3)
All
other regulations prescribed for the zone are or can be complied with.
