Article XV

Other

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

  No building or portion of a building devoted to a nonconforming use shall be enlarged, extended, structurally altered, reconstructed or moved, unless thereafter devoted to a conforming use.

• Change 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 be changed to a conforming use or to a use, other than multifamily, which is first permitted by right in a more restricted district.

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

  Nonconforming uses, nonconforming features and nonconforming buildings may continue subject to limitations.

• Restoration after damage not exceeding 50%50 pct

  If damage does not exceed 50% of assessed value, building may be restored if nonconforming feature not increased and area not increased, within 24 months.

• Restoration after damage exceeding 50%50 pct

  If damage exceeds 50% of assessed value, building shall not be restored except in conformance with chapter unless special exception granted.

• Discontinuance of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use24 months

  Whenever a nonconforming use is discontinued for a period of more than 24 consecutive months, any subsequent use shall conform.

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

  A building with a nonconforming feature may be enlarged if the degree or extent of the nonconforming feature is not increased.

• Extension 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.

  No nonconforming use shall be extended, enlarged or moved so as to occupy a different or greater area of land or buildings than was occupied at the time it became nonconforming.

• HeightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. increase of building with yardYardThe open space left between a building and its lot line — the space a setback creates. nonconformity

  An increase in height of a building nonconforming with respect to a yard requirement is deemed an increase in the extent of the nonconforming feature.

• Intermittent, temporary, or illegal use

  Intermittent, temporary, or illegal use shall not establish a nonconforming use.

• Replacement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. manufactured homesManufactured homeA dwelling built in a factory to a federal standard and transported to the site.60 days

  Removal and replacement of nonconforming manufactured home permitted if replacement within 60 days and conforms to HUD standards.

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

  A building nonconforming with respect to bulk regulations may be occupied by a permitted use if off-street parking and loading requirements are satisfied.

• Special exception for damage over 50%

  Board of Zoning Appeals may grant special exception for restoration if minimum deviation and no impairment to light, air, property values, or public welfare.