North Arlington City Zoning Code
ARTICLE IX
Nonconforming Uses, Structures and Lots
§ 205-51 Continuance of existing nonconforming uses and structures.
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.
§ 205-52 Discontinuance of abandoned nonconforming uses.
Any nonconforming use which has not been used for a continuous period of one year or more shall not thereafter be revived.
§ 205-53 Alteration, extension or enlargement of nonconforming use or structure.
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.
§ 205-54 Restoration of structures nonconforming for reasons of 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.
§ 205-55 Restoration of structures nonconforming for reasons other than use.
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.
§ 205-56 Nonconforming improved lot.
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.
§ 205-57 Nonconforming unimproved lot.
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.