West Orange City Zoning Code
§ 25-24.1
Nonconforming Uses, Structures and Lots.
[Ord. No. 2357-12 § 25-24.1]
a.
The following shall be deemed lawful nonconforming uses.
1.
Any lawful building or structure, or the lawful use of any lot or land which existed on January 25, 1978, and which at that time did not comply with regulations of this chapter or any amendments thereto.
2.
All variances granted pursuant to this chapter.
b.
The following shall be deemed conforming:
1.
Any building or structure, or the use of any lot or land which complies with the regulations of this chapter or any amendments.
2.
All conditional uses granted pursuant to this chapter or pursuant to a previous zoning ordinance.
c.
No unlawful structure or use of a structure, lot or land that existed on January 25, 1978, shall be deemed to be a lawful nonconforming structure or use.
d.
Any nonconforming use or structure existing at adoption of this chapter may be continued upon the lot or in the building so occupied and any such structure may be restored or repaired in the event of destruction of not more than 50% of the total value of the structure.
e.
A nonconforming use shall not be enlarged or extended. A nonconforming use shall be changed only to a conforming use.
f.
A nonconforming use shall be deemed to have been abandoned:
1.
When it is changed to a conforming use.
2.
When it has been voluntarily discontinued for a period of 12 consecutive months. Any nonconforming use that has been abandoned shall not thereafter be reinstated.
g.
In any residential district, notwithstanding any stipulations of district regulations governing minimum required lot area, lot width and lot area per unit, a one family dwelling may be erected on any lot separately owned and not adjacent to any lot in the same ownership on September 7, 1977.
h.
(Reserved)
i.
Prior to the issuance of a building permit or certificate of occupancy for any permitted or nonconforming use the applicant shall apply for site plan approval to the board having the proper jurisdiction. Any one or two family dwellings located in a residential district which do not require any bulk variances shall be exempt.
