Sec. 25-563, 25-564, 25-565

Other

• Change to another nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use as special exception

  If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may, as a special exception, be changed to another nonconforming use; provided, that the board of zoning appeals... shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use discontinuance period2 years

  If any nonconforming use of land and/or structure ceases for any reason for a period of more than two (2) years... any subsequent use shall conform.

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  No nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied on January 1, 2002...

• Moving nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance. unless reduces nonconformity

  No such nonconforming use and/or structure shall be moved in whole or in part to any portion of the land or parcel other than that occupied by such use and/or structure at the effective date or amendment of this chapter, unless such move results in decreasing the degree of nonconformity or results in conformity with the requirements for the district.

• Repair limit as percentage of replacement cost10 pct

  work may be done in any period of twelve (12) consecutive months on ordinary repairs... to an extent not exceeding ten (10) percent of the current replacement cost of the nonconforming structure

• Restoration time for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure in federal disaster area48 months

  if the nonconforming building is in an area under a federal disaster declaration... then any restoration must be started and completed within forty-eight (48) months

• Restoration time for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure24 months

  Any restoration must be started and completed within twenty-four (24) months of the date of a specific damaging event...

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

  In any district, permitted structures may be erected on any single nonconforming lot of record, notwithstanding limitations imposed by other provisions of this chapter. Such lot of record must be in separate ownership from all undeveloped adjoining lots.