North Caldwell City Zoning Code
§ 107-29
Nonconforming uses, structures and lots.
[Amended 4-16-2024 by Ord. No. O-5-2024]
A.
Continuance. Any nonconforming use or structure which lawfully exists existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied, and any such legally existing nonconforming building or structure may be restored or repaired in the event of partial destruction thereof in accordance with this section.
B.
Conformance with requirements. Nonconforming uses or structures in all zone districts shall conform to the following requirements:
(1)
Any structure or use of land which is nonconforming because of use shall not be changes, increased, enlarged or extended in any manner whatsoever.
(2)
There shall be no structural alterations made to any nonconforming building or structure that is nonconforming because of use. Structural alterations may be made in a building which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, so long as the structural alteration does not extend, enlarge or aggravate the nonconformance.
(3)
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of the building declared unsafe by the Construction Official, the Chief of the Fire Department or the Borough Engineer.
(4)
In the event that there shall be a cessation of operation of any nonconforming use for a period of six consecutive calendar months, the same shall be a rebuttable presumption of an intent to abandon such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use, the provisions of this § 107-29 notwithstanding, shall be presumptively deemed a violation of the terms of this chapter.
(5)
Nothing in this chapter shall be construed as authorization for an approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect immediately preceding the time of the effective date of this chapter.
(6)
Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter shall not be changed, increased or altered to enlarge the nonconformance.
C.
Restoration and alterations.
(1)
Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God or of any public enemy or the like.
(2)
Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter and which is partially destroyed by fire, explosion, act of God or of any public enemy or the like; provided, however, that any restoration of any such building or structure shall not enlarge the previously existing nonconformance.
(3)
Any nonconforming building or structure destroyed by fire, other causality, act of God or intentionally reduced to less than 50% of its previous existing area may be restored or reconstructed, provided that the restoration or reconstruction complies with all zoning requirements in place at the time of the restoration of reconstruction. In the case of a nonconforming foundation, all construction from grade shall conform with existing zoning requirements. Single- and two-family dwellings shall comply with the neighborhood average front yard setback calculations in § 107-13C.
D.
Applicability of provisions in district changes. Whenever the boundaries of a district shall be changed so as to transfer to area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
E.
A nonconforming use shall not be permitted to be changed to another nonconforming use.
F.
Nonconforming lots.
(1)
Nonconforming improved lots. When a lot exists as a separate isolated lot (does not adjoin any land or lot of the same owner), and which said 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 is allowed in the zone, unless approved by the Zoning Board of Adjustment.
(b)
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be extended or made more nonconforming, including any vertical or below-ground additions of any type.
(c)
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage, lot coverage, and floor area ratio set forth in the Schedule of Space Regulations located in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: So in original.
(2)
Nonconforming unimproved lots. Notwithstanding any other provisions of this article, any existing undeveloped nonconforming lot which does not adjoin any vacant land under common ownership, and which is nonconforming due to lot width or area, may be improved with a new building or structure provided that the structure and improvements shall meet all other requirements in this chapter.