Article IX, Nonconforming Uses, Lots, and Structures

Other

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

  The nonconforming use is discontinued for a period of two years... shall be deemed abandoned.

• Alteration allowed if nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. only as to heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first., area, bulk and no increase in nonconformity

  A building or structure nonconforming only as to height, area, or bulk requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.

• Change to conforming use allowed

  A nonconforming use may change to a conforming use.

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

  A nonconforming use may be changed to another nonconforming use of the same or of a more restricted classification.

• Bringing into compliance with building code allowed

  Any nonconforming building or structure may be brought into compliance with the Uniform Statewide Building Code without affecting the nonconforming status.

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

  A nonconforming lot may become a conforming lot by meeting the current minimum lot size... through consolidation, boundary adjustment, or rezoning.

• Cubic content cannot be increased

  The cubic content of the structure, as it existed at the time of passage or amendment of this ordinance, shall not be increased.

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

  If a nonconforming structure is demolished or removed, no nonconforming structure shall be reestablished.

• Extension within existing building allowed without structural alterations

  The nonconforming use may be extended throughout those parts of a building which are lawfully and manifestly arranged or designed for such use... provided there are no structural alterations.

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

  The land area or building footprint dedicated to a nonconforming use may be reduced in size.

• Home occupationHome occupationA business run from a dwelling, permitted so long as it stays subordinate to living there. allowed in nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. dwelling unitDwelling unitOne independent home: its own kitchen, bathroom and entrance.

  A nonconforming dwelling unit may have a home occupation subject to the requirements of articles VI and VII.

• Intentional abandonment loses nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. status

  The nonconforming use is intentionally abandoned, regardless of the length of time that has passed.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lot of record may be used if meets setbacksSetbackThe distance a building must be held back from a lot line.

  If a lot of record existing on or before July 1, 2024 does not meet the minimum area, length, or width standards... it may be used without appeal, if: The lot can meet all setbacks and other requirements.

• Minor alterations allowed

  Such repair constitutes minor alterations, cosmetic modifications, interior renovations, and similar changes.

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

  No nonconforming use shall be moved on the same lot or to any other lot which is not properly zoned to permit such use.

• Rebuild allowed if damaged 50% or more50 pct

  If a nonconforming building or structure is damaged or destroyed, even if 50 percent or greater, by fire, natural disaster or other act of God, such building or structure may be repaired, rebuilt, or replaced provided that...

• Rebuild time limit2 years

  The work is done within two years unless the building is in an area under a federal disaster declaration... in which case the time period shall be extended to four years.

• Removal to another parcel requires conformance

  If a nonconforming structure is removed for any reason to another parcel of land... the structure shall thereafter conform to the requirements of the district.

• Replacement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. manufactured homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site. allowed

  The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home... that meets the current HUD manufactured housing code.

• Routine maintenance allowed

  Work may be done in any period of 12 consecutive months if such repair constitutes routine maintenance necessary to keep the structure in the same general condition.

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

  The structure in which a nonconforming use is carried out is removed; removal of the structure shall eliminate the nonconforming status of the land.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. required if nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lot cannot meet setbacksSetbackThe distance a building must be held back from a lot line.

  If the lot cannot meet setback and other requirements, a variance shall be obtained.