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Caldwell City Zoning Code

§ 250-9

Nonconforming lots, structures and uses.

The following regulations shall apply to all nonconforming lots, structures and uses existing at the time of adoption of this chapter:
A. 
Intent. It is the intent of this chapter to permit any nonconformities to continue until they are removed, but not to encourage their survival.
B. 
Continuance of nonconforming uses. Any nonconforming use existing at the time of the passage of this chapter may be continued upon the lot or in the building so occupied. Except as required by the Borough to bring the building or premises up to code, no nonconforming use of the building or land shall be enlarged, structurally altered, extended to occupy a greater area of structure or land or moved in whole or in part to any other portion of the lot occupied by such nonconforming use unless the use thereof is changed to a use permitted in the district in which such building or premises is located.
C. 
Continuance of nonconforming structures. A nonconforming structure, provided that the use of the same is permitted in the district, may be enlarged, provided that said enlargement complies with all development regulations of the district.
D. 
Prohibition against the conversion of one nonconforming use to another. Changes from one nonconforming use to another nonconforming use are prohibited.
E. 
Conversion to permitted use. Any nonconforming building or use which has been changed to a conforming use shall not be changed back again to a nonconforming use.
F. 
Abandonment. If any nonconforming use of a building or land ceases for any reason for 12 consecutive months or for 18 months during any three-year period, such structure and premises in combination shall be considered abandoned and shall not thereafter be used except in conformance with the regulations of the district in which it is located.
G. 
Restoration. Notwithstanding anything to the contrary hereinabove set forth, nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged or destroyed by fire, explosion, flood, windstorm or other act of God; provided, however, that there shall be no enlargement of the original structure and that the work shall be initiated within six months from the occurrence of such damage or destruction and shall be diligently pursued to completion.
H. 
Repairs and maintenance of unsafe buildings. Nothing in this section shall be construed to prevent the strengthening or restoration to a safe and lawful condition any part of a building declared to be unsafe or unlawful by the Building Official, Chief of the Fire Department or other duly authorized Borough official. Such repairs and maintenance work rendered necessary by wear and tear and required to keep it in sound condition may be made to a nonconforming structure, provided that no structural alterations shall be made to supporting members of the building (walls, columns, beams, girders), except such as are required by law.
I. 
Adjacent nonconforming lots in single ownership. If two or more lots (at least one of which is undeveloped) with continuous frontage are in single ownership of record, regardless of separate deeds, at the time of passage of this chapter, and if all or some of the lots do not meet the lot area or lot width requirements established by this chapter, the lands involved shall be considered to be an individual parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot area and width requirements established by this chapter, nor shall any division of parcel be made which leaves remaining areas or yards which do not meet the requirements stated in this chapter.