Clifton Heights City Zoning Code
ARTICLE XVII
Nonconforming Uses, Structures and Lots
§ 340-96 Findings; purpose.
Within the districts established by this chapter or amendments thereto, there exist certain uses, structures and lots which were lawful before this chapter was enacted or amended, but which do not conform to the provisions of this chapter or amendment. These uses, structures and lots are referred to as "nonconforming." The regulations governing existing nonconforming uses, structures and lots as set forth in this chapter are intended to provide a gradual remedy for the undesirable conditions resulting from such nonconformities. While such nonconformities are generally permitted to continue, these regulations are intended to restrict further investment in such nonconformities and to bring about their gradual reduction.
§ 340-97 Changes.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use only if permitted as a special exception and subject to the following conditions:
A.
The applicant shall show that the nonconforming use cannot be reasonably changed to a conforming use.
B.
The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use or will be more appropriate than the existing nonconforming use with regard to:
§ 340-98 Enlargement.
A nonconforming use or structure may be extended, enlarged or altered when so authorized as a special exception, provided that the following conditions are met:
A.
It is clear that such enlargement or extension is not materially detrimental to the health, safety, and welfare of the surrounding area or the interest of the Borough.
B.
The proposed enlargement or extension only occurs on the tract where the nonconformity is currently located.
C.
The nonconforming structure, or the area devoted to the nonconforming use, shall be increased by not more than 50%.
D.
Any extension or enlargement of a building shall conform to the area, height and setback regulations of the district in which it is located.
E.
No more than one extension or enlargement to a nonconforming use or structure shall be granted.
§ 340-99 Enclosure of use.
Where a nonconforming use is conducted entirely on unenclosed premises, no structure to house or enclose such use, whether or not such structure would otherwise conform to the zoning regulations, shall be permitted to be erected on the premises.
§ 340-100 Discontinuance.
Whenever a nonconforming use of land, premises, buildings or structures, or any part or portion thereof, has been discontinued for a period of one year or more, such nonconforming use shall not be reestablished thereafter, and all future uses shall be in conformity with the provisions of this chapter.
§ 340-101 Damage or destruction.
No building devoted to a nonconforming use shall, in the event of destruction or serious damage by fire, flood, or similar cause, be reconstructed for the purpose of carrying on the nonconforming use. "Serious damage" shall be defined as damage which reduces the value of any structure by more than half of its prior value.
§ 340-102 Nonconforming lots.
A lot held in single and separate ownership at the effective date of this chapter, which does not contain the required minimum area or width, may be used for the construction, alteration, or reconstruction of a building, or may be otherwise used, if the construction, alteration, reconstruction, or other use is in compliance with the use, yard, setback, density, and other pertinent provisions of this chapter.
§ 340-103 Reduction of lot.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.