Sections 15-105 to 15-110

Other

• Nonconformities from zoning boundary changes

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

• Conditions for changing use in nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. building

  The use carried out in a lawful nonconforming building or lot cannot be changed unless prior notice is given, the use is permitted, and parking is sufficient.

• Discontinuance period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use2 years

  If a lawful nonconforming use is discontinued for more than two (2) years, it shall be deemed to be abandoned.

• Lot widthLot widthHow wide a lot must be, usually measured at the front setback line. threshold for merging contiguous lots40 ft

  Contiguous lots under the same ownership that each have a lot width of less than forty (40) feet in residential zoning districts, except R-6 and R-SFA, ... shall be considered merged into one lot.

• Lot widthLot widthHow wide a lot must be, usually measured at the front setback line. threshold for merging in R-6 and R-SFA37 ft

  thirty seven (37) feet in lot width and less in the R-6 and R-SFA zoning districts

• Minimum lot widthLot widthHow wide a lot must be, usually measured at the front setback line. for resubdivision of merged lots in R-6 and R-SFA37 ft

  Merged lots in the R-6 and R-SFA zoning districts may be subdivided or resubdivided to provide a minimum of thirty-seven (37) feet in lot width

• Notice period for altering nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. building footprint15 days

  not sooner than fifteen (15) days after written notice has been mailed to all adjacent properties

• Burden of proof for legal nonconformity

  The burden shall be upon the person claiming a lawful nonconformity to prove that the nonconforming use, building, structure or lot was established in compliance with the law.

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

  Any lot of record lawfully existing ... which does not comply with the dimensional requirements ... may nevertheless be used in a manner consistent with the uses permitted for a lot which does comply; provided ... must comply with the development standards.