Article VI, Sec. 26.1-51

Other

• Accessory useAccessory useA secondary activity customarily incidental to the main use of the lot — a garage, a home office. cannot create nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. principal use

  A use that is accessory or incidental to a permitted principal use cannot be made the basis for a nonconforming principal use.

• Change to more restricted 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 change to a more restricted nonconforming use, upon issuance by the city manager or his designee of a written approval for such a change.

• Damage threshold for restoration50 pct

  A nonconforming use that is damaged by any casualty to an extent less than fifty (50) percent of its assessed value at the time of the casualty according to the records maintained by the commissioner of revenue, exclusive of foundations, may be restored to its condition prior to the casualty.

• Discontinuance period2 years

  If any nonconforming use is discontinued for a continuous period of two (2) years or more, except for provisions of section 26.1-51-8, or is changed to or replaced by a conforming use, it shall lose its nonconforming status.

• Expansion must meet off-street parkingMinimum parkingThe number of off-street spaces a development must provide before it may open. standards

  Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of this chapter or amendment thereto, provided that current off-street parking standards shall be adhered to upon such extension

• Junkyard screening

  and shall be screened from the view of the first story window of any abutting dwelling located in a residential or local business zone.

• Junkyard setbackSetbackThe distance a building must be held back from a lot line. from property lines20 ft

  all nonconforming junkyards and automobile wrecking yards, as defined in section 26.1-10 shall maintain a twenty-foot setback from all property lines

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

  With the exception of the transfer opportunity defined in subsections (a) and (b) above, no mobile home or trailer mobile home may be replaced by another mobile home or trailer mobile home.

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

  Any unimproved lot of record, located in any zone, that is nonconforming as to the lot area or lot width, or lot depth, or combination thereof, required in the zoning district in which the lot is located may be used for any permitted use or use permitted on appeal in such zoning district, provided all other standards of the zoning district are met.

• Restoration completion time24 months

  and completed within twenty-four (24) months of the date of the casualty.

• Restoration start time12 months

  provided such restoration is begun within twelve (12) months of the date of the casualty

• Restoration of single-family dwellingSingle-family dwellingOne dwelling unit on its own lot, usually detached from its neighbours. after major damage

  If the use is as a single-family detached or attached dwelling, restoration shall be permitted, provided such restoration is begun within twelve (12) months of the date of the casualty and completed within twenty-four (24) months of the date of the casualty, so as to occupy the same space that it occupied prior to such destruction or damage.

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

  No structure used as a part of a nonconforming use shall be moved to any other lot or within the lot on which it exists unless such lot is properly zoned to permit the use.