Article V, Sec. 90-431 through 90-434
Extracted standards
10 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Change of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use by special exception
A nonconforming use may, by special exception, be changed to another nonconforming use; provided, that the board of zoning appeals shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.
- Destruction threshold for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure75 pct
Destruction is defined as damage to an extent of 75 percent or more of the market value of the structure or building immediately prior to such damage or destruction.
- Construction discontinuance period6 months
If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.
- Discontinuance period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use of land2 years
Wherever a nonconforming use of land has been discontinued for a period of two years, such use shall not thereafter be reestablished.
- Discontinuance period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure2 years
Whenever a nonconforming use of a structure or building or portion thereof has been discontinued or abandoned for two years, such structure or building or portion thereof shall not thereafter be used for a nonconforming use.
- Maximum expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use25 pct
No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than 25 percent more land than was owned or leased by the user on December 1, 1977
- Prohibition on additional nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structures
No additional structures or buildings not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
- Prohibition on increasing nonconformity
No nonconforming structure may be altered in a way which increases the nonconformity. However, a principal structure which is nonconforming due to encroachment into a required yard may be enlarged within or coextensive with the plane of the structure, so long as no new nonconformity is thereby created.
- Reconstruction period after destruction12 months
if construction begins within 12 months after destruction or partial destruction occurs, the same nonconforming use or a use which is more appropriate in the zoning district, according to the board of zoning appeals, may be carried on.
- YardYardThe open space left between a building and its lot line — the space a setback creates. requirements for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lots
yard dimensions and requirements, other than those applying to area or width, shall conform to the regulations for the district in which such lot is located.
From the ordinance
Within the zoning districts established by this chapter or subsequent amendments thereto, there exist or will exist certain nonconformities which, if lawful before December 1, 1977, or before the adoption date of any applicable amendments to this chapter, may be continued, subject to certain limitations.