Article E, Sec. 10-3-20 to 10-3-22
Extracted standards
7 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Change to more restricted use2 years
If a nonconforming use is changed to a more restricted nonconforming use for a period of more than two (2) years, the original nonconforming use shall be deemed abandoned.
- Conditions for continuation of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use
May continue only if more restricted use continues, not discontinued for more than 2 years, and maintained in structural condition.
- Restoration after damage50 pct
If damaged greater than 50% of present assessed value, may restore to original nonconforming condition; must be within 2 years (or additional 2 years under federal disaster declaration).
- Discontinuation period2 years
Such use is not discontinued for more than two (2) years.
- Enlargement terminates nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. status
Whenever a nonconforming use is enlarged or extended beyond the size, character, or intensity of the use as it existed at the time that it became nonconforming, the nonconforming status of such use shall terminate and become unlawful.
- Porch/carport enclosure
An existing porch or carport with a roof that is nonconforming as to height or setback regulations but devoted to a conforming use may be enclosed, provided that such addition does not compound the existing nonconformity and does not create a public safety problem.
- Structural alteration requirements
No building or structure associated with a nonconforming use shall be structurally altered unless a zoning verification letter has been received and the structural alteration does not increase or extend the square footage dedicated to the nonconforming use.
From the ordinance
Nonconforming land, buildings, and structures and the uses thereof may be continued only so long as: (1) The then-existing or a more restricted use continues; (2) Such use is not discontinued for more than two (2) years; and, (3) The buildings or structures are maintained in their then structural condition.