Norwood City Zoning Code
ARTICLE XVII
Nonconforming Uses
§ 233-124 Continuance.
Except as otherwise provided in this article, the lawful use of land or buildings existing on September 6, 1960, may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that no nonconforming use shall be expanded.
§ 233-125 Abandonment.
[Amended 9-9-2015 by Ord. No. 15:14]
A nonconforming use may not be continued if it is abandoned by the owner. The use of the abandoned building structure, or land will be in conformity with this chapter after the nonconforming use is abandoned.
§ 233-126 Restoration.
A.
Any nonconforming building or structure, or a building or structure containing a nonconforming use, which has been condemned or totally destroyed may be rebuilt and used to the original specifications only upon approval of a variance as provided by the Municipal Land Use Law.[1] A nonconforming building or structure, or a building or structure containing a nonconforming use, which has not been substantially totally destroyed may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area, and other bulk standards of the original building or structure and does not otherwise increase the intensity of the nonconformity.
[Amended 9-9-2015 by Ord. No. 15:14]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Nothing in this section shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Construction Official.
§ 233-127 Reversion.
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
§ 233-128 Exemptions and limitations; transition zoning.
[Amended by Ord. No. 94-0-08]
A.
The following exceptions are permitted under the terms herein with respect to any use in any zone which is determined to be nonconforming according to the standards and requirements set forth in this chapter.
B.
A nonconforming building or use may be permitted to alter, enlarge, remodel any existing building, provided that:
(1)
There is in no way a further encroachment on or decrease of any yard distances between the building or use and any adjacent residential zone.
(2)
All yard, area and other requirements shall be the same as required if the building or use were located in the proper zone.
(3)
That no such nonconforming use shall be extended to displace a conforming use.
§ 233-129 Certificate of nonconforming use.
[Amended 9-9-2015 by Ord. No. 15:14]
A.
The owner, prospective purchaser, prospective mortgagee, or any other person interested in the land on which a nonconforming use exists may, within one year of the adoption of an ordinance that rendered the use or structure nonconforming, apply to the Zoning Officer for a certificate certifying that the use or structure existed before the adoption of that ordinance. The applicant will have the burden of proof and will pay the fees authorized by N.J.S.A. 40:55D-68 and N.J.S.A. 54:5-14 and 54:5-15. Certificate denials by the Zoning Officer may be appealed to the Board of Adjustment.
B.
In accordance with the provisions of this article, no use of land or buildings shall be made other than that specified on the certificate of nonconforming use unless said use shall thereby be changed to conforming.