Article X - Nonconforming Uses

Other

• Abandonment period2 years

  If any nonconformity of any type ceases for any reason for a continuous period of two years or more

• Accessory useAccessory useA secondary activity customarily incidental to the main use of the lot — a garage, a home office. ceases with principal

  No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

• Building start period1 years

  provided such building is started within one year

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

  It is, therefore, the intent of this division to permit these nonconformities to continue, but not to encourage their survival

• Damage threshold for reconstruction50 pct

  destroyed or damaged by any casualty to an extent not exceeding 50 percent of its current fair market value

• DistrictZoning districtA mapped area with one set of rules, identified by a code like R-1 or B-2. change subjects to provisions

  Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this division.

• Maximum expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use25 pct

  a nonconforming use may be enlarged or increased or extended to occupy a cumulative area not exceeding 25 percent of the area that was occupied at the time of enactment

• Maximum expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure25 pct

  said enlargement shall not exceed a cumulative 25 percent in the aggregate of the floor area of the original structure devoted to the nonconforming use

• Mobile homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site. replacement allowed

  Any mobile home existing in a district as a nonconforming use may be replaced with a later model mobile home

• Moved structure must conform

  Should a nonconforming structure be moved, it shall thereafter conform to the yard requirements of the district in which it is located after it is moved.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lot may be used for permitted use

  Any lot of record... may be used for a permitted use in that district, provided that setback, side yard and requirements other than those applying to area and/or width of the lot shall conform

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. for block with >50% nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. dwellings50 pct

  when more than 50 percent of the lots in the block in which such nonconforming lots are located have dwellings constructed on them which are nonconforming as to either front, side or rear yards, owner may apply for a special use permit

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. required for expansion

  After obtaining a special use permit pursuant to section 28-407

• Use establishment period30 days

  or such use of land established within 30 days