Extracted standards
11 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Alteration of non-conforming structures in yardYardThe open space left between a building and its lot line — the space a setback creates./setbackSetbackThe distance a building must be held back from a lot line./heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first./bulk
A structure non-conforming only as to buffer, yard, setback, height or bulk standards may be altered or extended, provided such alteration or extension does not increase the degree of the non-conformity.
- Rebuild period after destruction of non-conforming structure2 years
If such structure is damaged greater than 50% and cannot be repaired, rebuilt, or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so, provided that all necessary permits are obtained and all work is done in compliance with the provisions of the Uniform Statewide Building Code, and provided that such repair, reconstruction, or replacement be accomplished within two years of the date of the natural disaster or other act of God.
- Discontinuance period for non-conforming use2 years
No structure or portion thereof used in whole or in part for a non-conforming use in any district which remains idle or unused, or for which the use is discontinued, for a period of more than two years, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such structure or land is located.
- Non-conforming dwellings in commercial/industrial districts
A dwelling non-conforming as to use in a commercial or industrial district shall be considered as a conforming use in application of the height, area, and bulk requirements of this Ordinance.
- Non-conforming lots due to eminent domain
A lot of record or structure that, solely as a result of an eminent domain proceeding, no longer conforms to the requirements of these regulations and restrictions as to area, frontage, and dimensions of lots or yards, shall not be deemed a non-conforming lot or structure for the purpose of this Ordinance.
- Determination of existence of non-conforming use
When evidence available to the Administrator is deemed to be inconclusive, whether a non-conforming 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.
- Intermittent use not establishing non-conforming use
The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use, and the existence of a non-conforming use on a part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.
- Maintenance/rebuild of legal non-conforming structures
Existing legal nonconforming structures, other than signs, may be restored or replaced when such structures become unsafe or unsound. A relocation on the same lot may be approved by the zoning administrator, provided the new location is not in greater nonconforming than the original location, and further provided that the new location shall not cause a greater detrimental impact on conforming uses in the neighborhood.
Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. 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, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.
- Maximum expansion of non-conforming use or structure25 pct
No nonconforming use and/or structure shall be enlarged, increased or extended to occupy a greater area of land than twenty-five percent (25%) more than was occupied on the date of adoption or amendment of this Ordinance unless such enlargement does not result in an increase in nonconformity or results in a change to a use permitted in the district.
Signage
- Non-conforming signs
Where any existing sign as of the date of these regulations does not comply with the provisions of this Ordinance, such sign and any supporting structures may be maintained in their then structural condition but shall not be replaced, reconstructed, moved, structurally altered, or relit except in compliance with the provisions of this Ordinance and may continue in use unless subject to removal under other provisions of this Ordinance. Removal, replacement, reconstruction, moving, change of permitted use or structural alteration for any cause whatsoever shall be considered as loss of non-conforming status. Change of ownership shall not affect non-conforming status and occasional replacement of minor broken parts is permitted as normal maintenance. Supporting structures for non-conforming signs may continue in use for a conforming sign if said supporting structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances. No permits for additional signs shall be issued for any premises on which there are any non-conforming signs.
From the ordinance
The purpose of this section is to regulate and limit the development and continued existence of uses, structures, and lots legally established prior to the effective date of this Ordinance which do not conform to the requirements of this Ordinance.