Section 26-7
Extracted standards
6 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Destruction threshold for termination of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use50 pct
In the event that a building or structure containing a nonconforming use has been demolished or damaged by any cause whatsoever to the extent of fifty (50) percent or more of the fair market value of the building, exclusive of foundations, immediately prior to damage, such nonconforming use shall terminate and the use of the property shall thereafter be in compliance with current zoning regulations.
- 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
No land, building or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of two (2) years, whether or not the equipment or fixtures therein are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located.
- 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 may not be expanded, enlarged or extended; provided, that the nonconforming use of a building may be hereafter extended throughout those parts of the building which are lawfully and manifestly arranged or designed for such use on the effective date of this ordinance or subsequent amendments which result in the use becoming a nonconforming use.
- Intermittent use not sufficient to establish nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. 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.
- Time to repair or reconstruct after damage less than 50%12 months
If a building or structure containing a nonconforming use is destroyed, demolished or damaged by less than fifty (50) percent of the fair market value, exclusive of foundations, the structure may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction are substantially completed within twelve (12) months of the date of such damage.
- Structural alteration of building containing nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use
A building containing a nonconforming use may not be structurally altered unless the use of the building is brought into conformity with the regulations of the district in which such building is located. The provisions of this subsection shall not prohibit routine repairs and maintenance whose cost is less than 50 percent of the fair market value of the structure, exclusive of foundations, immediately prior to such repairs or maintenance.
From the ordinance
A nonconforming use may be continued except as provided in this section. A nonconforming use may not be expanded, enlarged or extended; provided, that the nonconforming use of a building may be hereafter extended throughout those parts of the building which are lawfully and manifestly arranged or designed for such use on the effective date of this ordinance or subsequent amendments which result in the use becoming a nonconforming use.