Article XI, Secs. 36-401 through 36-407

Other

• Abandonment period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses2 years

  If any nonconforming use (structure or activity) is discontinued for a period exceeding two years after April 23, 1969, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.

• Change to more limited nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use

  Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

• Nonconformities from districtZoning districtA mapped area with one set of rules, identified by a code like R-1 or B-2. boundary changes

  Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. activity within structure

  A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity as of April 23, 1969.

• Screening for automobile graveyards and junkyards

  Automobile graveyards and junkyards in existence as of April 23, 1969, are to be considered as nonconforming uses. They shall completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence or an evergreen hedge.

• Use of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lots

  Any lot of record as of April 23, 1969, which is less in area or width than the minimum required by this chapter may be used when the requirements of the board of zoning appeals regarding setbacks, side and rear yards are met.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use permit required

  All nonconforming uses shall apply for a nonconforming use permit on forms prescribed by the administrator within one year after April 23, 1969.

• Maximum repair work in 12 months50 pct

  On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the current replacement value of the structure, provided that the cubic content of the structure as it existed on April 23, 1969, or at the time of amendment of this chapter shall not be increased.

• Time limits for repair/restoration after partial damage

  Where a conforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

• Restoration threshold for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. activity50 pct

  If a nonconforming activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

• Restoration threshold for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure75 pct

  If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.