Article 10, Sections 10.26.010-10.26.030

Other

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

  If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, after the enactment of this article, it shall then conform to the requirements of this article.

• Changes in districts

  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.

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

  An existing nonconforming structure may be enlarged or expanded so long as the enlargement or expansion does not make the structure any more nonconforming.

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

  Any lot of record at the time of the adoption of this article which is less in area or width than the minimum required by this article may be used when the requirements of the Board of Zoning Appeals regarding setbacks, side and rear yards are met.

• Permits previously issued

  The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this article may proceed, provided that such building is completed within one year or such use of land established within 30 days after the effective date of this article.

• 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% of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this article.

• 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% of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this article.

• Restoration completion time limit18 months

  any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

• Restoration start time limit12 months

  any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

• Temporary seasonal nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use exclusion

  Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of this article are excluded.