Article 8 - Nonconformities

Other

• Abandonment period2 years

  Any nonconforming use that is discontinued for, or that remains vacant for a period of two years shall be considered to have been abandoned.

• Change to conforming use irreversible

  Once a nonconforming use has been changed or altered so as to comply with the provisions of this Chapter, it shall not revert back to a nonconforming use.

• Damage restoration threshold50 pct

  A nonconforming structure damaged or destroyed by a natural disaster or other act of God to an extent greater than 50 percent of its pre-damage/destruction value shall be restored in accordance with the provisions of the current zoning ordinance.

• Discontinuance period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use2 years

  After a nonconforming use has been discontinued for a period of at least two years, it shall not be re-established on the lot.

• 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 may not be enlarged or expanded, except as provided in Sec. 98-1.13.5.C.2(c).

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

  A nonconforming structure, including a manufactured home, may not be moved for any reason or for any distance, unless when so moved, it complies with the regulations for the district in which it is located.

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

  If a lawful lot in any zoning district was recorded in the official records of the clerk of the Circuit Court, prior to the effective date of this Chapter, or any pertinent amendment thereto, and said lot met the requirements of the Zoning Ordinance in effect at the time of recordation, then such lot, either as a single lot or in combination with other such lots pursuant to a Building Permit, may be used for any use permitted in the zoning district in which located under this Chapter even though the lot(s) does not meet the minimum district size, lot area, lot width and/or shape factor requirements of the district, provided all other regulations of this Chapter can be satisfied.

• Repair time limit after disaster2 years

  Unless such building is repaired, rebuilt 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 the current zoning ordinance.

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

  Only that portion of the land in actual use may be so continued, and the nonconforming use may not be enlarged, expanded or extended, nor may any additional structures be added to be occupied by the nonconforming use.