Montclair Municipal Code Ch. 11.10 Uses: New, Existing and Prohibited

Footnotes:

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Editor's Note: The title of Chapter 11.10 was amended by Ord. 07-891 § 3.

All new construction, buildings, improvements, alterations, enlargements or movements undertaken, and all new uses or occupancy of premises within the City, shall conform with the requirements, character and conditions as to use, height and area laid down for each of the several zones or districts as described in this title. No person shall install, construct, establish, move into, alter, enlarge or use, or cause or permit to be installed, constructed, established, moved into, altered, enlarged or used, any building, structure, improvement or use of premises located in any zone described in this title contrary to the provisions herein.

(Ord. 99-791 Exh. A (part); prior code § 9-4.301)

The lawfully existing use or uses of all buildings, improvements and premises on May 15, 1958, may be continued, although not conforming with the requirements for the zone or district in which they are located, as a nonconforming use if such existing use is not in violation of any other law. Any discontinuance of such a nonconforming use for a continuous period of six months shall be deemed to constitute abandonment of any nonconforming rights existing on May 15, 1958. Nonconforming uses involving no structures may be continued for two years from the time they become nonconforming. Nonconforming uses involving structures may be continued for 10 years after May 15, 1958, or for such longer time so that total life of the structure shall be 10 years from the date of construction for light incombustible frame or wood construction, 15 years from the date of construction for heavy timber or ordinary masonry construction and 20 years from the date of construction for fire-resistive construction.

The alteration and reconstruction of nonconforming buildings or improvements shall be subject to the granting of a conditional use permit pursuant to the provisions of Article 19 of this title provided nonconforming structures and uses shall not be increased in size or area nor put to less restricted uses under any conditional use permit.

(Ord. 99-791 Exh. A (part); prior code § 9-4.302)

A. Unlawful Uses. Uses that are unlawful under federal or state law shall not be treated as permitted uses, and shall not be determined to be similar to any uses permitted pursuant to this title.

(Ord. 07-891 § 3 (part))

(Ord. No. 15-955, § 3, 1-4-16; Ord. No. 17-968, § 2, 9-18-17)