Article XVI, Sec. 78-160.1 through 78-160.5
Dimensional standards
Servicing
- Geographic extent
- Applies to all nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses, structures, and lots; special provisions for floodplainFloodplainLand expected to flood at a stated frequency, where building carries extra conditions. overlay districtOverlay districtA second set of rules laid over the base district, adding requirements without replacing it. and historic districtHistoric districtAn area where exterior changes need design review to protect its character. overlayOverlay districtA second set of rules laid over the base district, adding requirements without replacing it..
Extracted standards
9 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Floodplain
- Expansion in floodway or zones A1-A30/AE
Existing structures in a floodway area, zone A1—A30, or zone AE, shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses that the proposed expansion would not result in any increase in the 100-year flood elevation.
Other
- Adaptive reuse in historic districtHistoric districtAn area where exterior changes need design review to protect its character. overlayOverlay districtA second set of rules laid over the base district, adding requirements without replacing it.
The town council intends to allow the adaptive reuse and convenient and efficient utilization of structures in the historic district overlay and other older areas that may have been developed under different standards, by allowing some flexibility in the treatment of nonconformities where the specific nonconformity is not increased.
- Discontinuance period for loss of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. status2 years
If any nonconforming use is discontinued for a continuous period of two years or more, it shall lose its nonconforming status.
- Use of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lots predating 1971
If, in a residential zoning district an improved lot was part of a subdivision recorded prior to October 26, 1971, such lot may be used, developed, redeveloped on the same footprint after casualty, for any currently or prospectively permitted use in the applicable zoning district, even though the lot does not meet applicable minimum lot area or lot width requirements.
- Expansion threshold for proportional landscaping improvement75 pct
Expansions resulting in less than a 75 percent increase in gross square footage require that parking, landscaping, screening, buffering and lighting be improved at a rate equivalent to the percentage of expansion.
- Damage threshold for restoration of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use/structure50 pct
A structure housing a nonconforming use damaged by casualty to an extent of 50% or less of its assessed value may be restored to its condition prior to the casualty.
- Time to begin restoration after casualty12 months
Such restoration shall be begun within 12 months of the date of the casualty.
- Time to complete restoration after casualty24 months
and completed within 24 months of the date of the casualty.
Parking
- Parking requirement for change of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use
In any change of a nonconforming use which causes a loss of nonconforming use status, any required parking shall be provided under Article X only for any marginal increase of parking required for the new use over the parking required for the existing use.
From the ordinance
Nonconformities are not supposed to be perpetuated... Discontinuance for two years results in loss of status. Restoration after casualty limited to 50% threshold.