Section 36.508

Other

• Board of Zoning Appeals determination

  When evidence available to the Administrator is deemed by him to be inconclusive, whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.

• Casual, intermittent, temporary or illegal use

  The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

• Change to conforming use

  A nonconforming use may change to a conforming use.

• Change to more restricted use

  A nonconforming use may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

• Extension of discontinuance period2 years

  On application made to the Administrator by the owner or any party in interest, the Administrator may extend the aforesaid two-year period up to an additional two years for good cause.

• Discontinuance period2 years

  The nonconforming use is discontinued for a period of two years, regardless of whether or not equipment or fixtures are removed, shall be deemed abandoned and any subsequent use shall be in conformity with the regulations of the district in which such building or land is located.

• Extension within existing building

  The nonconforming use may be extended throughout those parts of a building which are lawfully and manifestly arranged or designed for such use at the time of enactment of this Ordinance provided there are no structural alterations, expansion or enlargement except those required by law or lawful order.

• Reduction of footprint50 pct

  A nonconforming use may reduce its footprint or become lesser in size by up to 50 percent.

• Home occupationHome occupationA business run from a dwelling, permitted so long as it stays subordinate to living there. in nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. dwelling

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

• Intentional abandonment

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

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

  A nonconforming use may continue as it existed when it became nonconforming.

• 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.

  A nonconforming use shall not be reconstructed, relocated, altered, or expanded in any manner, including the addition of new accessory uses, except as provided for in this section.