Article XVI

Other

• Abandonment period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses24 months

  If any nonconforming use, structure or activity is discontinued for a period exceeding two years after the enactment of this chapter or any amendment thereto, it shall be deemed abandoned

• Certificate of occupancy for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. household size6 months

  All single-family dwellings which become nonconforming as a result of amendments to this chapter concerning the number of unrelated individuals who may constitute a household unit must apply for and be issued a certificate of occupancy within six months of the date of adoption of such amendments.

• 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 structure, lot or use may be changed only to another use of a substantially similar character as the original use or to a more restrictive use.

• Rebuild after fire or natural disaster

  If a nonconforming building or use is damaged or destroyed by fire, natural disaster or other act of God, such building may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. ... Unless such building is repaired or rebuilt within two years of the date of the natural disaster or replaced within two years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of this chapter.

• Prohibition on extending nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structures

  A nonconforming structure shall not be extended or enlarged.

• Damage threshold for full compliance50 pct

  if a nonconforming activity or structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50% of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.

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

  Any lot of record at the time of the adoption or amendment of this chapter which is less in area or in width than the minimum required by this chapter may be used or built upon, provided that a variance of yard and/or setback requirements, if required, is obtained from the Board of Zoning Appeals.

• Timeline for repairing partial damage

  where a conforming structure devoted to a nonconforming activity or where a nonconforming structure is damaged less than 50% of the cost of reconstructing the entire structure, either may be repaired or restored, provided that any such repair or restoration is started within 12 months and completed within 18 months from the date of such partial destruction.

• Completion time for prior building permits

  The construction or use of a nonconforming building or land area for which a building permit was legally issued prior to the adoption or amendment of this chapter may proceed, provided that such building is completed within one year or such use of land established within 30 days after the effective date of this chapter.

• Maximum ordinary repairs without increasing cubic content20 pct

  work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 20% of the current replacement value of the structure