Clark City Zoning Code
ARTICLE XXVII
Nonconforming Uses
§ 195-169 Continuance.
Any use of a building, other structure, lot or area of land lawfully existing on the date of enactment of this ordinance may be continued, even though such use does not conform to the regulations of the district in which it is located, except that this section shall not apply to any uses found to be hazardous to the public health, safety or welfare by the Township Council.
§ 195-170 Extension or enlargement.
No nonconforming use shall be extended or enlarged in any way. Nothing in this or any other provision of this ordinance shall be deemed to permit any building or structure used as a nonconforming use to encroach upon any required yards, open spaces, off-street parking areas or loading spaces, nor shall the height, lot coverage or other requirement be exceeded.
§ 195-171 Alteration.
A.
No nonconforming use shall be in any way altered, except as hereinbefore provided.
B.
Such use shall not be changed unless to a conforming use.
C.
If destroyed, no such use shall be repaired, restored or reconstructed.
§ 195-172 Abandonment.
No nonconforming use that has been abandoned for a period of 12 consecutive months or more shall be reactivated or reestablished. For the purpose of this section, "abandonment" shall be defined as the cessation of a nonconforming use for the period hereinbefore specified.
§ 195-173 Exceptions.
A.
Nothing in this article shall be construed to deem nonconforming lots and nonconforming structures, as hereinbefore defined, as nonconforming uses, unless such lots or structures are used as nonconforming uses.
B.
Any structure that is nonconforming in its use and does not conform to applicable requirements for dimensions or location upon a lot may be continued and structurally repaired, restored, or enlarged, provided such continuation, repair, restoration or enlargement is within the area of the preexisting nonconformity and does not create any new nonconforming infringement upon lot or yard requirements.
§ 195-174 Effect of amendments; certificate of nonconformity.
A.
Any amendment to Part 3, Zoning, hereafter adopted which would change the permitted uses in a particular district, would create a new district designation wherein only certain uses would be permitted, or would realign certain district boundaries, and, as a result, would cause a use conforming to the provisions of this Part 3 as originally adopted to become nonconforming under the provisions of such amendment, such use shall be then deemed a nonconforming use and shall be subject to all the provisions of this article.
B.
Upon request, the Zoning Officer shall authorize the issuance of a certificate of nonconformity where uses or structures predate the adoption or amendment of this chapter and are not in accordance with the Zoning Ordinance as a result of such adoption or amendment.
§ 195-175 Variances exceeding maximum impervious cover.
Applicants requiring variances that exceed the maximum percent impervious cover must mitigate the impact of the additional impervious surfaces unless the stormwater management plan for the development provided for these increases in impervious surfaces. This mitigation effort must address water quality, flooding, and groundwater recharge as described in the Township's Stormwater Management Plan. A detailed description of how to develop a mitigation plan is presented therein.
