Article 12, Sec. 12-1
Extracted standards
13 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Provisions apply to nonconformities due to reclassification
The foregoing provisions of this Article shall also apply to buildings, structures, land, or uses which hereafter become nonconforming due to any reclassification of districts under this ordinance or any subsequent change in the regulations of this ordinance.
- Time to obtain certificate of occupancy for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses90 days
All nonconforming uses shall obtain a certificate of occupancy within ninety (90) days after the adoption of this Article.
- Time to complete construction for permitted nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. building1 years
provided that such building is completed and use established therein within one year
- Damage threshold for restoration without full conformance75 pct
damaged or partially destroyed ... to the extent of not more than seventy-five percent (75%) of its value
- Maximum addition floor area for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first./setbackSetbackThe distance a building must be held back from a lot line. buildings75 pct
the total aggregate floor area included in all such additions and enlargements does not exceed seventy-five percent (75%) of the pre-existing floor area contained in said building or structure.
- Conditions for replacement of legal nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. mobile/manufactured homesManufactured homeA dwelling built in a factory to a federal standard and transported to the site.
Legal nonconforming (grandfathered) mobile or manufactured homes may be replaced provided that: comparable size, HUD code, same location, subject to Article 28-2-1.1 and 28-2-2.2, building permit obtained.
- Reconstruction prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance. if violating Article 8A
In no case shall any building or structure, including dwellings, be reconstructed in violation of the provisions of Article 8A of this Chapter.
- Repairs and maintenance allowed without enlargement or intensification
Maintenance, repairs, renovations, reconstruction and alterations may be made to a nonconforming building or structure, provided that no enlargement or intensification of the use supported by such nonconforming building or structure shall be made, except as allowed herein.
- Replacement in kind for damaged single-familySingle-family dwellingOne dwelling unit on its own lot, usually detached from its neighbours. and duplexTwo-family dwellingTwo dwelling units in one building — a duplex. dwellings
Single-family detached and duplex dwellings so damaged may be replaced in kind, with no increase in size of any kind if replaced within the above time frame.
- Restoration time for damaged nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. buildings2 years
provided that such restoration is completed within two (2) years.
- Time to establish use of land for permitted nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use30 days
or such use of land established within thirty (30) days after the effective date of this Article.
- Vacancy period causing loss of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. status2 years
remains unoccupied for a continuous period of two years
Parking
- Additional parking required for enlargement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use
A building, structure or use lacking sufficient automobile parking space in connection therewith, as required in Article 10, may be renovated, altered or enlarged, provided that additional automobile parking space is supplied to meet the requirements of Article 10 for the increased units; square footage enlargement or other increase in intensity.
From the ordinance
A nonconforming building, or structure may be maintained, repaired, altered, remodeled or enlarged only as provided in this Article.