Sec. 1-1020.H
Extracted standards
8 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Abandonment period2 years
In the event a nonconforming use ceases for a period of two (2) years or more, then the nonconforming use shall be deemed abandoned and compliance with this ordinance shall be required.
- Business license continuous operation for fee waiver15 years
The holder of such business license has operated continuously in the same location for at least fifteen (15) years and has paid all local taxes related to such use
- Damage threshold for full restoration50 pct
If such building is damaged greater than fifty percent (50%) and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner of the property shall have the right to do so.
- NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lot combination exception distance500 ft
This subsection shall not apply to a nonconforming lot if it is determined that a majority of the developed lots located on either side of the street where such nonconforming lot is located and within five hundred (500) feet of such lot are also nonconforming.
- Partial damage restoration completion time18 months
When such use or structure is damaged less than fifty percent (50%) of the cost of reconstructing the entire use or structure, it may be repaired or restored; provided, any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction.
- Partial damage restoration start time12 months
When such use or structure is damaged less than fifty percent (50%) of the cost of reconstructing the entire use or structure, it may be repaired or restored; provided, any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction.
- Restoration time limit extension90 days
One (1) extension not exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or rebuild the replacement residence.
- Restoration time limit after disaster2 years
Unless such building is repaired rebuilt or replaced and construction completed within two (2) years of the date of the natural disaster, casualty, or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of subsection H.(2) below.
From the ordinance
A residential or commercial nonconforming structure damaged or destroyed by a natural disaster, casualty, or other act of God, may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance.