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Norwood City Zoning Code

TITLE FIVE

Zoning Map and Nonconformities

1121.01 DISTRICT CLASSIFICATIONS CREATED.

   The City is hereby divided into nine use districts as follows:
Abbreviation
District
R-1
Single Family Residence
R-2
One and Two-Family Residence
R-3
Multi-Family Residence
O
Office
NBD
Neighborhood Business
CBD
Central Business
GBD
General Business
M-1
Light Manufacturing
M-2
Heavy Manufacturing
(Ord. 30-1985. Passed 6-25-85.)

1121.02 OFFICIAL ZONING MAP.

   The districts established in Section 1121.01 are shown on the official zoning map which, together with all explanatory matter therein, is hereby adopted as part of this Zoning Code and is hereby incorporated by reference.
(Ord. 30-1985. Passed 6-25-85.)

1121.03 IDENTIFICATION OF OFFICIAL ZONING MAP.

   (a)   Those districts established are bounded and defined as shown on the map entitled “Official Zoning District Map” of the City, which map together with all notations, references, data, district boundaries, and other information shown thereon, is hereby made a part of this Zoning Ordinance.
   (b)   The Official Zoning District Map shall be and remain on file in the office of the Building Department and Clerk of Council. Regardless of the existence of other purported copies of the map, which can be made or published from time to time, these copies of the Map shall be the final authority as to the current zoning status of lands, buildings, and other structures in the City.
(Ord. 40-2011. Passed 9-27-11.)

1121.04 INTERPRETATION OF DISTRICT BOUNDARIES.

   Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following rules shall apply:
   (a)    Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.
   (b)   Where district boundaries are so indicated that they approximately follow the lot lines such lot lines shall be construed to be the boundaries.
   (c)    Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given such dimension shall be determined by the use of the scale shown on the official zoning map.
   (d)    Where the boundary of a district follows a railroad line such boundary shall be deemed to be located in the middle of the main tracks of the railroad line.
      (Ord. 30-1985. Passed 6-25-85.)

1121.05 COMPLIANCE WITH USE REGULATIONS.

   (a)    No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.
   (b)    No building, structure, and land shall be used for any of the following uses:
      (1)    The storage or processing of scrap metal or junk vehicles, junk yards, and/or motor vehicle wrecking;
      (2)    Escort services;
      (3)    Sexual encounter centers and/or adult motel;
      (4)    Class-C Retail;
      (5)    Day Labor Business;
      (6)    Non-therapeutic Massage Parlor;
      (7)    Blood Plasma Centers;
      (8)    Flea Markets;
      (9)    Drive-through carryout; and
      (10)    Internet sweepstakes cafe
         (Ord. 8-2013. Passed 2-26-13.)

1121.06 COMPLIANCE WITH AREA REGULATIONS.

   No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. Area regulations for each district classification are contained in Chapter 1151, including Table 1 in the Appendix.
(Ord. 30-1985. Passed 6-25-85.)

1123.01 NONCONFORMING USES DECLARED INCOMPATIBLE.

   Nonconforming uses are declared by this Zoning Code to be incompatible with permitted uses in the districts in which such use is located.
(Ord. 30-1985. Passed 6-25-85.)

1123.02 NONCONFORMING USES AND BUILDINGS REGULATED.

   The lawful use of land or buildings existing at the time of the adoption of this section may continue although such use does not conform to the regulations specified by this Zoning Code for the district in which such land or building is located, subject to the following conditions and specifications:
   (a)    Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of six months shall thereafter conform to the district regulations in which the use is located.
   (b)    Any nonconforming building which has been destroyed by fire, explosion, flood, earthquake or other act of God to the extent of sixty percent (60%) or more of its assessed valuation shall thereafter conform to the provisions of this Zoning Code. Where more than forty percent (40%) of the assessed value of the building remains after such damage, such structure may be restored to the same nonconforming use as existed before such damage, provided however that such restoration shall be commenced within six months of the date that the damage occurred on, and completed within one year.
   (c)    No nonconforming building shall be enlarged or structurally altered except to make it a conforming building, provided however that the Board of Zoning Appeals shall have the authority to permit one expansion of no more than twenty-five percent (25%) provided that the standards contained in Section 1117.28(a) to (f) are met.
   (d)    The Board of Zoning Appeals shall have the authority to permit a substitution of one nonconforming use for another nonconforming use, provided however that:
      (1)    No use other than a use first permitted in an Office or Neighborhood Business District shall be substituted for a use in a residential zone; and
      (2)    The Board of Zoning Appeals determines that the standards contained in Section 1117.28(a) to (f) are met. (Ord. 30-1985. Passed 6-25-85.)

1123.03 REPAIRS AND MAINTENANCE.

   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done for ordinary repairs or for repair or replacement of nonbearing walls, fixtures, wiring or plumbing provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official, unless the strengthening or restoration involves an expenditure equal to or greater than sixty percent (60%) of the building's assessed value, in which case the building shall either be demolished or strengthened or restored in such a way as to be brought into conformity with the use requirements of this Zoning Code.
(Ord. 30-1985. Passed 6-25-85.)