9.1. Purpose and Intent.
9.2. Definitions.
9.2.1. Abandoned.
9.2.2. Discontinued.
9.2.3. Intent to resume.
9.3. Nonconforming Uses.
9.3.1. Normal maintenance and repair.
9.3.2. Extension or alteration.
9.3.3. Change in
.
9.3.4. Single-family residential nonconforming uses.
9.3.5. Continuation of accessory use.
9.3.6. Discontinuance and abandonment.
9.4. Nonconforming Structures.
9.4.1. Normal maintenance and repair.
9.4.2. Alteration or additions.
9.4.3. Reconstruction.
9.4.4. Unsafe
or structure.
9.4.5. Discontinuance and abandonment.
9.5. Nonconforming Lots of Record.
9.5.1. Applicability.
9.5.2. Uses.
9.5.3. Setback requirements.
9.5.4. Setback hardship.
9.5.5. Governmental acquisition of land.
9.5.6. Contiguous nonconforming lots.
9.6. Nonconforming Signs.
9.6.1. Normal maintenance and repair.
9.6.2. Enlargement or alteration.
9.6.3. Discontinuation of business.
9.6.4. Billboards on federal aid highways.
9.7. Nonconforming Site Elements.
9.7.1. Reduction of nonconformity.
9.7.2. Applicability matrix.
9.7.3. Compliance.
There exist within the Town of Garner uses of land, structures, lots, site elements, and signs that were lawfully established prior to the date of adoption of this UDO, but that no longer conform to the standards of this UDO. It is the intent of this UDO to move nonconformities in the direction of conformity (wherever possible), permit nonconformities to continue until they are removed (where necessary), and not to encourage their survival except under the limited circumstances established in this article. The
may require conformance with specific provisions of this UDO where deemed necessary to resolve immediate or pending public safety concerns. The intent of this Article in resolving and bringing uses, structures, and activities into conformance with this UDO is to protect the public health safety and welfare.
(Ord., 3-16-21)
To cease, either intentionally or unintentionally, from actively using land, structures, or any premises for the intended or previous
, but excluding temporary periods of inactivity due to remodeling, maintaining, or otherwise improving a facility. Abandonment is often referenced to a specified time period.
This definition includes "abandon", "abandonment", and any other tense or version of the word "abandoned."
To quit or cease, either intentionally or unintentionally, operation or activity associated with a
of land, structures, or any premises from their intended or previous
or to replace the previous
with a new
of a different kind or class. A change of occupancy, owner, or tenant does not constitute a discontinuance or change of
.
This definition includes "discontinue", "discontinuance", "ceased" (as it refers to a use, and any other tense or version of the word "discontinued."
An "intent to resume" a
, operations, or activities may be demonstrated through continuous operation of a portion of the facility, by the maintenance of water, sewer, electric, and other utility service (as appropriate), or by other outside documentation such as proof of deliveries.
(Ord., 3-16-21)
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