CHAPTER 4
NONCONFORMITIES
NONCONFORMITIES
SECTION:
16-4-0: Intent
16-4-1: Nonconformities Generally
16-4-2: Nonconformity Created By Change In Law Or Boundary
16-4-3: Effect On Nonconformities Illegal Under Prior Law
16-4-4: Nonconforming Uses
16-4-5: Nonconforming Lots
16-4-6: Nonconforming Structures
16-4-7: Nonconforming Characteristics Of Use
It is the intent of this title to recognize the legitimate interests of owners of lawful nonconformities by allowing such lawful nonconformities to continue, subject to the provisions contained herein. At the same time, it is recognized that lawful nonconformities may substantially and adversely affect the orderly development, maintenance, use and value of other property in the same zoning district, property that is itself subject to the regulations and terms of this title. In order to secure eventual compliance with the city's comprehensive plan and with the standards of this title, it is therefore necessary to carefully regulate lawful nonconformities and to prohibit the reestablishment of such nonconformities that have been discontinued. (Ord. 52-09, 10-19-2009)
A. Within the zoning districts established by this title or its subsequent amendment, there exist uses, lots, and structures, which were lawful before this title was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this title or its subsequent amendment. Such nonconformities shall hereafter be considered lawful nonconformities.
B. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption or amendment of this title and upon which actual building construction has been carried on diligently.
C. "Actual building construction" is hereby defined to include the placement of construction materials in permanent position and fastened in a permanent manner. (Ord. 52-09, 10-19-2009)
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