Any nonconforming use or structure which lawfully
existed at the time of the passage of this chapter may be continued,
and any existing legally nonconforming building or structure may be
reconstructed or structurally altered, but only in accordance with
the requirements of this chapter.
Any nonconforming use which has not been used
for a continuous period of one year or more shall not thereafter be
revived.
A.
A nonconforming use of any building, structure or
land shall not be increased, enlarged, extended or changed in any
manner whatsoever.
B.
No building in which a nonconforming use exists shall
be enlarged, extended or structurally altered in any manner; provided,
however, that:
(1)
Nothing herein shall prevent the repair and maintenance
of any building wherein there exists a nonconforming use, provided
that such maintenance and repair does not in any way constitute or
result in a further extension of a nonconforming use.
(2)
Minor alterations and improvements which do not constitute
or require structural changes may be made in or to a building wherein
a nonconforming use exists, provided that such nonconforming use will
not be increased, extended or enlarged thereby.
(3)
Nothing herein shall prevent the strengthening or
restoration to a safe and lawful condition of any part of any building
which is nonconforming.
C.
Structural alterations, internal rearrangements and
renovations may be made in a building or structure which is nonconforming
because it fails to comply with height, area, yard, off-street parking
or other like requirements of this chapter, other than use, so long
as the structural alteration or increase, internal rearrangement or
renovation does not extend or enlarge the nonconformance of said building
or structure.
D.
A nonconforming use changed or altered to a conforming
use may not thereafter be changed back to a nonconforming use.
Whenever a building or structure is nonconforming
by reason of its use, such building or structure may be restored or
repaired if less than 80% of the existing floor area is destroyed.
Whenever a building is nonconforming because
it fails to comply with any height, area, yard, off-street parking
or requirements of this chapter, other than use, and such building
is partially destroyed, such building may be restored to its prior
condition; provided, however, that such restoration shall not enlarge
the previously existing nonconformance.
A.
Any existing lot in a residential zone on which a
residential building or structure is located and which lot does not
meet the minimum lot size or structure violates any yard requirements
may have additions to the principal building and/or construction of
an accessory building without any appeal for variance relief, provided:
(1)
The number of dwelling units shall not be increased
even if such increased number of dwelling units are allowed in the
zone, unless approved by the Board of Adjustment.
(2)
Any existing nonconforming setbacks from streets,
side lot lines or rear lot lines shall not be made more nonconforming,
but any improvement may maintain the same nonconforming setbacks;
provided, however, that a minimum side yard of three feet shall be
maintained.
B.
The Construction Code Official of the Borough of North
Arlington is hereby authorized and empowered to issue any necessary
construction permits in accordance with the provisions of this section.
Notwithstanding any other provision of this chapter, any existing nonconforming lot in the R-1, R-2 and R-3 Zones not adjoining any vacant land and which is nonconforming due to shape or area may be improved with a new building or structure in accordance with the use requirements of this chapter, provided that the minimum setbacks shall be as required in Schedule I (§ 205-40), except required side street setbacks on corner lots may be reduced one foot for each three feet the lot is under the minimum width required in the zone district, but shall not be reduced below 1/2 the minimum required setback.
