Englewood Cliffs City Zoning Code
§ 30-11.5
Enlargement of Nonconforming Uses.
[Ord. #9306, A XI]
If a nonconforming use is to be enlarged or extended, a "d" variance must be obtained. This grant of enlargement is by no means an automatic right. To quote the courts, "Where there is doubt as to whether the enlargement is substantial, rather than insubstantial, it is to be resolved against enlargement." General rules which should be considered in judging on nonconforming uses:
a.
No enlargement or substantial change of a nonconforming use may be made simply because the new use would be no more harmful than the old use to the adjacent land owners.
b.
If the proposed modifications of the nonconforming use would tend to minimize its discordant effect, be less harmful to the adjacent properties, and tend to bring the use into closer conformity with the Zoning Ordinance, it offers a "special reason" which favors granting a variance.