Article XIII, Sec. 38-454 to 38-456

Other

• Abandonment period1 years

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

• Rebuild after casualty loss

  In the event of a partial or total casualty loss to structure in which a nonconforming use is ongoing, the structure can be rebuilt and the nonconforming use continued, provided that the reconstruction commence within one year of the casualty loss, and the nonconforming use resume within two years of the casualty loss.

• 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 of this chapter, any legal activity is being pursued, or any lot or structure is being legally utilized in a manner or for the purpose which does not conform to the provisions of this chapter, 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 shall conform with the provision of this chapter. 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 chapter.

• Prior by-rightBy rightPermitted outright: if the plans meet the written rules, permission cannot be withheld. uses

  Uses which were allowed prior to the adoption of the ordinance from which this chapter is derived, as a use by right which under revisions now require a special use permit, are considered uses of right. However, any new use would require a special use permit. Such permit must be obtained within 60 days of enactment of this chapter.

• Repairs and maintenance

  On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

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

  Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of the ordinance from which this chapter is derived are excluded.