Article VI

Other

• 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 use of land or a nonconforming use of a building may be changed to another use which is of the same or more restricted classification under the terms of this chapter or may be changed to any use which conforms to the use regulations of this chapter. (Sec. 120.1-242)

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

  Subject to the limitations and restrictions set forth in this article, nonconforming uses and nonconforming features of uses and buildings may be continued. (Sec. 120.1-240)

• Damage to nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structures2 years

  Should a nonconforming structure be damaged by fire, wind, water or any other damage, every effort shall be made to rebuild the structure to conform to current ordinance. However, should it be deemed infeasible to rebuild to current conformity, the structure may be rebuilt to the nonconforming use in existence prior to the occurrence of said damage within two years. An additional two years shall be allowed should the damage be the direct result of a Federally-declared disaster. (Sec. 120.1-246)

• Discontinuance of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use24 months

  Whenever a nonconforming use of land or a nonconforming use of a building is discontinued for a period of more than 24 consecutive months, whether or not equipment or fixtures intended for such use are removed, any subsequent use shall conform to the use regulations of the district in which the property is located. (Sec. 120.1-243)

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

  Nonconforming use shall be extended, enlarged or moved so as to occupy a different or greater area of land or buildings than was occupied by and actively devoted to such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout such portion of land or such part of a building which was lawfully and manifestly arranged, designed and intended for such use at the time it became nonconforming. (Sec. 120.1-241)

• Intermittent or illegal uses

  Intermittent, casual, temporary or illegal uses of land or buildings and temporary or illegal features of uses or buildings shall not be construed to establish the existence of a nonconforming use or a nonconforming feature. (Sec. 120.1-248)

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

  No building or portion of a building devoted to a nonconforming use shall be enlarged, extended, structurally altered, reconstructed or moved, unless such building or portion of a building is thereafter devoted to a use which conforms to the use regulations of this chapter. (Sec. 120.1-244)

• Changes to building having nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. features

  A building which is devoted to a conforming use, but is nonconforming with respect to the yard, height, bulk or area regulations of this chapter or other feature required by this chapter may be enlarged, extended or structurally altered, provided that such enlargement, extension or structural alteration does not increase the degree or extent of any nonconforming feature of the building. (Sec. 120.1-245)

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. dwelling use in Business or Industrial DistrictZoning districtA mapped area with one set of rules, identified by a code like R-1 or B-2.

  Any dwelling use which is located in a Business or Industrial District and which becomes a nonconforming use under the provisions of this chapter may be maintained, improved, structurally altered, enlarged or moved, or may be reconstructed if damaged by fire, explosion, act of God or the public enemy. In no case shall the amount of floor area devoted to the dwelling use at the time it became nonconforming be increased, nor shall the number of dwelling units located on the property be increased, nor shall the lot area, lot width, yard dimensions or number of off-street parking spaces be reduced to less than that which would be required for such dwelling use in the R-4 District. (Sec. 120.1-247)

• Permits required for changes

  In every case where extension of a nonconforming use, change of a nonconforming use, change to a building devoted to a nonconforming use or change to a building having a nonconforming feature is permitted by the provisions of this article, such extension or change shall be subject to the requirements set forth in Article VII of this chapter pertaining to zoning permits, building permits and certificates of use and occupancy. (Sec. 120.1-250)

• Determination of existence

  The zoning administrator shall have the authority to determine whether a nonconforming use or a nonconforming feature of a use or building exists in accordance with the provisions of this chapter. (Sec. 120.1-249)

• Zoning permit required for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use6 months

  Within six months of the effective date of this chapter, application shall be made to the zoning administrator for a zoning permit for every use which becomes a nonconforming use as a result of the provisions of this chapter. (Sec. 120.1-251)