Borough of Haworth, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. No. 779 § 16.601; Ord. No. 2013-02 § 26-601]
a. 
Any mapped plot, consisting of one or more lots with common ownership of record as of April 17, 1953, and delineated on a presently filed or approved map and not complying with the minimum requirements as to area and width in the Limiting Schedule, but nevertheless having an area of not less than 10,000 square feet, and a lot width of not less than 100 feet may, notwithstanding such fact, be improved with a structure in accordance with the other provisions of this chapter, provided the owner owns no vacant adjacent land that can be used in combination with the plot in question; and further provided that the plot shall have a minimum depth of 100 feet and that each of the two main axes of the plot shall be a minimum of 100 feet in length.
b. 
Inasmuch as the pre-existing zoning Ordinance of the Borough was amended on September 10, 1948, changing the minimum frontage from 75 feet to 100 feet and the minimum area from 7,500 square feet to 10,000 square feet, all improved properties that were conforming prior to that amendment shall be regarded as conforming for the purpose of alterations or additions as if located on plots conforming to the terms of this chapter.
[Ord. No. 779 § 16.601]
c. 
Inasmuch as this most recent set of zoning ordinance revisions was amended on March 12, 2013, changing the minimum lot size of those lots included in the newly created Residence Zone E from 15,000 square feet to 25,000 square feet, all improved properties that were conforming prior to that amendment shall be regarded as conforming for the purpose of alterations or additions as if located on plots conforming to the terms of this chapter.
[Ord. No, 779 § 16.606; Ord. No. 2013-02 § 26-602.1]
a. 
There shall be no restrictions on the height of a house of worship spire or house of worship belfry; or a dome, cupola or tower of a public structure, or similar part of a structure except that no part of any structure erected to a height in excess of the height limit for the district in which it is situated shall:
1. 
Be used for occupancy.
2. 
Have any sign, nameplate, or advertising device of any kind whatsoever inscribed upon or attached to that part of the structure.
b. 
A parapet wall or railing may be permitted to exceed by not more than four feet the height limits specified for the zone district within which the structure is located.
[Ord. No. 779 § 16.602.2; Ord. No. 878 § 6; Ord. No. 2013-02 § 26-602.2]
a. 
Where an existing single family residential structure violates one or more of the setback requirements specified for the zone district within which the structure is located, but does not violate building or pavement coverage requirements, an accessory structure or an addition to the principal or accessory structure may be constructed without variance approval provided the proposed construction does not extend or increase any existing nonconformity and further provided that the existing principal structure provides at least 50% of each of the required setbacks.
b. 
Open or lattice enclosed stairways projecting not more than five feet into a yard and the ordinary projections of chimneys, roof overhang, pilasters and bay windows may be constructed without a variance provided that the Construction Code Enforcement Official determines that their placement will not obstruct light and ventilation.
[Ord. No. 779 § 16.603.1; Ord. No. 2013-02 § 26-603.1]
Any use, structure or lot not meeting any particular requirement of this chapter as of the effective date of this chapter shall be deemed to be nonconforming.[1]
[1]
Editor's Note: Subsection 26-603.1 was adopted by Ord. No. 779 and subsequently readopted by Ord. No. 2013-02.
[Ord. No. 779 § 16.603.2; Ord. No. 2013-02 § 26-603.2]
a. 
Any nonconforming use or structure lawfully existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof.
b. 
A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance that rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Administrative Officer within one year of the adoption of the ordinance that rendered the use or structure nonconforming or at any time to the Board of Adjustment. The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:15-14 and N.J.S.A. 54:5-15. The fees collected by the Administrative Officer shall be paid by him to the Borough. Denial by the Administrative Officer shall be appealable to the Board of Adjustment. Sections 59 through 62 of the Municipal Land Use Law (N.J.S.A. 40:55D-72 to N.J.S.A. 40:55D-75) shall apply to applications or appeals to the Board of Adjustment.
[Ord. No. 779 § 16.603; Ord. No. 2013-02 § 26-603.3]
The right to continue a nonconforming use shall exist as long as the use has not been abandoned.
[Ord. No. 779 § 16.603.4; Ord. No. 2013-02 § 26-603.4]
Any nonconforming structure or any nonconforming use of a structure that has been destroyed by fire, explosion, flood, wind, storm, or other act of God shall be considered partially destroyed if the cost of restoration equals 1/2 or less than 1/2 of the estimated true valuation of the structure as determined by the Borough Tax Assessor and such partially destroyed structure or use may be rebuilt, restored or repaired. If the damage is greater than above outlined, the use or structure shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity with the use and bulk requirements of this chapter.
[Ord. No. 779 § 16.603.5; Ord. No. 2013-02 § 26-603.5]
Such repairs and maintenance work as required to keep a structure in sound condition may be made to a nonconforming structure provided no structural alterations shall be made except those required by law.
[1]
Editor's Note: Former subsection 26-603.6, Nonconforming Lots, previously codified herein and containing portions of Ordinance No. 779, was repealed in its entirety by Ordinance No. 878.