Borough of Palisades Park, NJ Article VII Nonconforming Uses and Structures

§ 300-42 Continuance.

Any nonconforming use or structure existing at the time of passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.

§ 300-43 Reduction in area.

No lot that is nonconforming as to area shall be further reduced in area.

§ 300-44 Enlargement.

A. No nonconforming use shall be enlarged, extended or increased in size.

B. A conforming use in a nonconforming structure may be enlarged or altered, provided that such enlargement or alteration does not increase the nonconformity and is otherwise permitted by this chapter.

C. A single- or two-family dwelling located on a lot which does not conform to the zone's minimum area requirements may be enlarged, provided that the structure meets all of the applicable setback provisions, and provided that the expansion does not result in an increase in the number of dwelling units within the structure.

§ 300-45 Abandonment.

A nonconforming use which ceases being used for its nonconforming purpose for a period of 18 consecutive months shall not be reestablished.

§ 300-46 Repair.

Nothing in this chapter shall prevent the repair to a nonconforming use which has been declared unsafe by the Building Inspector of the Borough of Palisades Park.

§ 300-47 Reversion.

No nonconforming use shall, if once changed into a conforming use, revert to a nonconforming use.

§ 300-48 Change.

A nonconforming use of a building or structure may be changed to another nonconforming use which is the same or more restrictive in nature; however, no building in which a nonconforming use has been changed to a more restrictive use shall again be devoted to a less restricted use. Uses shall be deemed more restrictive or less restrictive in accordance with Article II and the Schedule of District Use Regulations of this chapter.[1]

[1] Editor's Note: Schedule I, Schedule of District Use Regulations, is included at the end of this chapter.

§ 300-49 Previously approved construction.

Nothing herein contained shall require any change in plans, construction or designation of use of a building or structure for which a building permit has been issued prior to the effective date hereof and construction has been diligently prosecuted and has been completed within one year from the effective date of this chapter.