Article 13 - Nonconforming Uses

Other

• Abandonment period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses2 years

  If any nonconforming use (structure or activity) is discontinued for a period exceeding two years after the enactment of this ordinance, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this ordinance.

• Changes in zoning boundaries

  Whenever the boundaries of a zone 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 article. Such uses shall automatically become eligible for any and all necessary permits as are needed to continue the use.

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

  If at the time of enactment or subsequent amendment of this ordinance, any legal activity which is being pursued, or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this ordinance, such manner of use or purpose may be continued as herein provided.

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

  A nonconforming structure to be extended or enlarged must be made to conform with the general provisions of this ordinance. If a nonconforming use or structure is altered, expanded, enlarged, or extended, the new alteration, expansion, enlargement or extension shall comply with the provisions of this ordinance; however the existing nonconforming use or structure can remain in its nonconforming status.

• Extension of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. activity within structure

  A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this ordinance.

• 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 of this ordinance which is less in area or frontage than the minimum required by this ordinance may be used when the requirements of the Board of Zoning Appeals regarding setbacks, side and rear yards are met.

• Restoration or replacement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structures18 months

  When a nonconforming structure or when a conforming structure which houses a nonconforming activity is destroyed or damaged in any manner, it may be restored or repaired without bringing said structure or activity into conformance, provided such reconstruction is begun within 18 months of the calamity.