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.
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.
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, 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.
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.