Instructions: locate the situation in top line and nonconformity type in first column.
Type | If discontinued for 6 months | If damaged more than S.E.V. | If damaged less than S.E.V. | Change in use (including new buildings) | Remodeling, maintenance, code work |
Type | If discontinued for 6 months | If damaged more than S.E.V. | If damaged less than S.E.V. | Change in use (including new buildings) | Remodeling, maintenance, code work |
Illegal nonconforming parcel | NA | NA | NA | NA | Property must be kept in safe condition |
Illegal nonconforming use of land | May not be resumed | NA | NA | Not permitted unless use becomes conforming | Property must be kept in safe condition |
Illegal nonconforming use of building or structure | May not be resumed | Use not permitted; use must stop and may not be resumed | Use not permitted; may repair building | Not permitted unless use becomes conforming | Use not permitted; may repair building |
Illegal nonconforming dimensions or setback of building or structure | NA | Building must be rebuilt to fully comply with applicable district regulations | May repair, but must reduce degree of nonconformance | New use and new building must adhere to all district regulations | Permitted, but may not create any greater degree of nonconformance |
Legal nonconforming parcel | NA | NA | NA | Permitted, but requires a variance | Property must be kept in safe condition |
Legal nonconforming use of land | May not be resumed | NA | NA | Permitted, but must reduce degree of nonconformance; see § 154.052 | Property must be kept in safe condition |
Legal nonconforming use of building or structure | May not be resumed | May rebuild if all plans meet all other district regulations | May repair to pre-damage status | Permitted, but must reduce degree of nonconformance; see § 154.052 | Permitted so long as use is not expanded |
Legal nonconforming dimensions or setback of building or structure | NA | May rebuild, but must reduce degree of nonconformance | May repair to pre-damage status | Permitted, but requires a variance | Permitted, but may not create any greater degree of nonconformance |
(Ord. passed 11-2-2005)