A building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, floor area ratio, off-street parking, loading, or similar dimensional requirements of the chapter shall be deemed to be a nonconforming building or nonconforming structure. No permit shall be issued that will result in the increase of any dimensional nonconformity, but any building or structure or portion thereof may be altered to decrease its dimensional nonconformity.
Any nonconforming use or structure which lawfully existed at the time of the passage of this Part 6 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 Part 6.
If a nonconforming use ceases for any reason for a period of 12 consecutive months, or is changed to a conforming use, any future use of the land, building or structure shall be in conformity with the provisions of this chapter. Substantial cessation of activities consistent with or required for the operation of such nonconforming use or substantial vacancy of the building or structure in which the nonconforming use was conducted, together with substantial cessation of activities consistent with or required for the operation of such nonconforming use shall be deemed to constitute a discontinuation thereof within the meaning of this chapter, irrespective of whether an intention to abandon the nonconforming use may exist. On application, prior to the expiration of the twelve-month period as specified herein, the Zoning Board of Adjustment may extend the period for up to six additional months upon a finding that it is not reasonable in its application to the particular premises, taking into consideration the characteristics of the use, the investment which has been made in it, the circumstances of the discontinuance and the suitability of the building or structure for a permitted use or a use granted by special use permit. If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located and the subsequent use of any building or structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land is located.
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 Part 6, 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 in the event of partial destruction thereof.
Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this Part 6, 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.
When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
A. 
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 Land Use Board.
B. 
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming including any vertical additions of any type.
C. 
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage set forth in the Schedule of Space Regulations.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
D. 
The Construction Official of the Borough of Prospect Park is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this section.
Notwithstanding any other provisions of this Part 6, any existing nonconforming lot in the R-1 and R-2 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 Part 6, provided that the minimum setbacks shall be as required in the Schedule of Space Regulations,[1] except required side street setbacks on corner lots may be reduced six inches for each foot for the lot is under the minimum width required in the zone district, but shall not be reduced below 1/2 the minimum required setback.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A. 
Billboards as defined herein and as previously permitted as advertising signs shall be deemed to be distinct nonconforming uses, as defined in this chapter.
B. 
Any roof sign as defined in this chapter or any outdoor display sign erected, constructed, maintained or painted on or over the roof of any building, or on or above any roof level of a parapet wall, shall be deemed to be distinct nonconforming uses as defined in this chapter.
Any nonconforming structure located in the B-G-1, B-C, or VCR District can be further developed, provided that the degree of nonconformity is not further increased.