City of Clifton, NJ
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2024-02-20
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Part II: General Legislation
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Chapter 461 Zoning
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Article XII Nonconforming Uses and Structures
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 5 Administration
- Ch 6 Advisory Beautification Committee
- Ch 7 Affordable Housing
- Ch 9 Bonds and Notes
- Ch 11 Advisory Committee on Civil Rights
- Ch 12 Open Space Trust Fund Advisory Committee
- Ch 13 Claims for Damages
- Ch 15 Claims, Payment of
- Ch 17 Clifton Arts Center Gallery and Sculpture Park Committee
- Ch 19 Constables
- Ch 23 Cooperative and Intermunicipal Agreements
- Ch 27 Court, Municipal
- Ch 31 Defense and Indemnification
- Ch 33 Elections, Municipal
- Ch 35 (Reserved)
- Ch 37 Fire Department
- Ch 43 Advisory Committee for Individuals With Disabilities
- Ch 44 Environmental Commission
- Ch 45 Hazardous Materials Control Board
- Ch 47 Health Department
- Ch 50 Historian
- Ch 51 Historical Commission
- Ch 57 Land Use Procedures
- Ch 61 Leases
- Ch 65 Library
- Ch 73 Personnel Policies
- Ch 77 Police Department
- Ch 81 Protected Tenancy Act, Administration of
- Ch 85 Recreation, Advisory Board of
- Ch 87 Recreation, Department of
- Ch 91 Redevelopment Agency
- Ch 95 Residency Requirements
- Ch 99 Salaries and Compensation
- Ch 103 Seal
- Ch 107 Solid Waste Management Authority
- Ch 113 (Reserved)
- Part II: General Legislation
- Ch 121 Advertising
- Ch 125 Air-Conditioning and Refrigeration Equipment
- Ch 127 Air Pollution
- Ch 129 Airports and Aircraft
- Ch 133 Alarm Devices
- Ch 137 Alcoholic Beverages
- Ch 141 Amusements
- Ch 145 Apartment Rental Businesses
- Ch 149 Auctions and Auctioneers
- Ch 153 (Reserved)
- Ch 155 Barges and Boats
- Ch 159 Bazaars, Carnivals, Circuses and Festivals
- Ch 163 Billiard Rooms, Bowling Alleys and Dance Halls
- Ch 167 Boarding Homes for Children
- Ch 171 Bootblacks
- Ch 175 Brush, Weeds, Uncut Grass and Debris
- Ch 179 Buildings, Moving of
- Ch 181 Buildings, Numbering of
- Ch 185 Political Signs
- Ch 189 Canvassing and Soliciting
- Ch 193 Cemeteries
- Ch 195 Certificates of Continued Occupancy
- Ch 196 Compost, Mulch and Topsoil
- Ch 197 Construction Codes, Uniform
- Ch 199 Contractors
- Ch 201 Developer Fees and Escrow Deposits, Zoning
- Ch 203 Dogs and Other Animals
- Ch 205 Donation Bins, Clothing/Material
- Ch 207 Dry-Cleaning Establishments, Coin-Operated
- Ch 209 Dumpsters and Refuse Containers
- Ch 210 Dwelling Certificate
- Ch 211 Body Piercing, Scarring, Branding
- Ch 213 Emergency Medical Services
- Ch 215 Entertainment
- Ch 219 Fallout Shelters
- Ch 223 Fees
- Ch 227 Fingerprinting
- Ch 231 Fire Limits
- Ch 233 Fire Prevention
- Ch 235 Fire Zones
- Ch 239 Flood Damage Prevention
- Ch 241 Florists
- Ch 245 Food-Handling Establishments
- Ch 247 Foodstuffs
- Ch 251 Fund-Raising, Political
- Ch 255 Gambling Devices
- Ch 257 Games of Chance
- Ch 259 Garage Sales and House Sales
- Ch 261 Garbage, Rubbish and Refuse
- Ch 263 Graffiti
- Ch 265 Hawking and Peddling
- Ch 269 Heating of Buildings
- Ch 271 Hours of Construction
- Ch 273 Housing Standards
- Ch 277 Hunting
- Ch 281 Ice Cream Peddling
- Ch 283 Illegal Occupancies and Conversions
- Ch 285 Insurance
- Ch 289 Junkyards and Junk Shops
- Ch 295 Landfills
- Ch 296 Landscapers
- Ch 299 Library Property
- Ch 303 Licensed Businesses
- Ch 305 Lighting
- Ch 307 Littering
- Ch 309 Massage Establishments
- Ch 311 Meats
- Ch 315 Milk and Milk Products
- Ch 317 Motion-Picture Filming
- Ch 319 Motorbuses
- Ch 323 Newsracks
- Ch 327 Noise
- Ch 331 (Reserved)
- Ch 332 Nuisances
- Ch 335 Obscene Materials
- Ch 337 Oil Heat Retrofit Program
- Ch 339 Parades
- Ch 341 Parental Responsibility
- Ch 343 Parking for Handicapped Persons
- Ch 345 Parking, Off-Street
- Ch 347 Parking of Truck Tractors, Trailers and Buses
- Ch 349 Permit Parking on Residential Streets and Municipal Lots
- Ch 351 Parks and Playgrounds
- Ch 355 Peace and Good Order
- Ch 358 Portable Storage Units
- Ch 361 Quarries
- Ch 363 Rent Control
- Ch 367 Retail Food Establishments
- Ch 369 Right-Of-Way Use Agreements
- Ch 371 Sales, Special
- Ch 374 Sewer Utility
- Ch 375 Sewers
- Ch 376 Sexual Offenders, Registration of
- Ch 377 Outdoor Cafes
- Ch 378 Shopping Carts
- Ch 379 Skating Rinks
- Ch 381 Smoking on Municipal Property
- Ch 383 Snow and Ice, Removal of
- Ch 387 Soil Removal
- Ch 391 Solicitations, Public
- Ch 393 Special Improvement Districts
- Ch 393A Storm Drain Inlet Retrofitting, Private
- Ch 394 Stormwater Control
- Ch 395 Streets and Sidewalks
- Ch 399 Subdivision of Land
- Ch 403 Swimming and Swimming Pools
- Ch 407 Tattooing
- Ch 411 Taxation
- Ch 413 Taxis and Limousines
- Ch 415 Telephones, Public
- Ch 417 Tenancies, Protected
- Ch 421 Theaters
- Ch 425 Towers
- Ch 429 Transient Merchants and Pawnbrokers
- Ch 433 Trees and Shrubbery
- Ch 439 Vehicles and Traffic
- Ch 441 Vehicles, Diesel-Powered
- Ch 443 Vehicles, Renting and Leasing of
- Ch 445 Vehicles, Sale of New or Used
- Ch 449 Vending Machines
- Ch 451 Venereal Disease Preventatives
- Ch 455 Water
- Ch 461 Zoning
- Ch 461 Art XII Nonconforming Uses and Structures
- § 461-65 Continuation permitted.
- § 461-66 Restoration or repair; issuance of certificates.
- § 461-67 Construal of provisions.
- § 461-68 Cessation of use.
- Appendix
- Ch A470 Cable Television
- Disposition List
- Ch DL Disposition List
All nonconforming uses and structures legally
existing at the time of the adoption of this chapter and all uses
and structures which become nonconforming by reason of amendment thereof
may be continued.
[Amended 12-6-1988 by Ord. No. 5315-88]
A.
Any nonconforming use or structure existing at the
time of the passage of this chapter 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.
The 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 which 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 which 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
the N.J.S.A. 54:5-14 and 54:5-15, which fees are hereby fixed as $10
for each certificate and $2 per calendar year for each continuation
search and which fees shall be automatically adjusted to the maximum
permitted by said statutes, as the same may be amended from time to
time. The fees collected by the official shall be paid by him to the
municipality. Denial by the administrative officer shall be appealable
to the Board of Adjustment. Sections 59 through 62 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-72 to 40:55D-75), shall apply to applications
or appeals to the Board of Adjustment.
Nothing in this article shall be deemed to prevent
keeping in good repair a building in which a nonconforming use is
conducted.
[Amended 8-20-1996 by Ord. No. 5828-96]
If any nonconforming use is changed to or replaced
by a conforming use or is moved for any distance for any reason or
it is intended that the property no longer be used for the nonconforming
use, the land and building theretofore devoted to such nonconforming
use shall thereupon be subject to all the regulations as to use for
the district in which such land and building are located as if such
nonconforming use had never existed and shall be considered to have
been abandoned.
