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A. Nonresidential Structures.
1. If a nonresidential
or structure, including any accessory structures, is damaged by reason of fire,
, explosion, earthquake, or other extraordinary circumstance, may be repaired, reconstructed, and used as before if the damage does not exceed 50 percent of its replacement value as determined by the Building Official, and if the repairs and reconstruction are done within 12 months from the time such damage occurred. Notwithstanding the foregoing, no illegal
shall be re-established.
2. If a nonresidential
or structure, including any accessory structures, is damaged and if such damage is greater than 50 percent of its replacement value as determined by the Building Official, such
or structure may only be reconstructed to conform with the standards in the district in which it is situated.
B. Residential Structures.
1. If a residential
or structure, including any accessory structures, is damaged by reason of fire,
, explosion, earthquake, or other extraordinary circumstance, it may be repaired, reconstructed, and used as before if the damage does not exceed fifty (50) percent of its replacement value as determined by the Building Official, and if the repairs and reconstruction are done within twelve (12) months from the time such damage occurred.
2. If a residential
or structure (including any accessory structure) is damaged greater than fifty (50) percent of its replacement value as determined by the Building Official, such
or structure may be repaired, reconstructed, and used as before if the repairs and reconstruction are done within twelve (12) months from the time such damage occurred. Notwithstanding the foregoing, no illegal
shall be re-established.
A. When a structure made nonconforming by this UDO is vacant or discontinued at the effective date of this UDO, the 180-day period begins to run at that date.
B. If such nonconforming structure on a property is abandoned for a period of 180 consecutive days, any subsequent
of that property shall conform to current zoning district regulations. See 9.2.1. for full definition of abandonment.
C. All of the buildings, activities and operations maintained on a
are generally to be considered as a whole in determining whether a right to continue a nonconforming situation is lost pursuant to this section.
(Ord., 3-16-21)
This section applies only to undeveloped nonconforming lots of record. A
is undeveloped if it has no substantial structures upon it. A change in
of a developed nonconforming
may be accomplished in accordance with Section 9.2.3.
When a nonconforming
can be used in conformity with all of the regulations applicable to the intended
, except that the
is smaller than the required minimum set forth in Article 6, then the
may be used just as if it were conforming. However, no
that requires a greater than minimum
size for a particular zone is permissible on a nonconforming
.
When the
proposed for a nonconforming
is one that is conforming in all other respects but the applicable setback requirements located in Article 6 cannot reasonably be complied with, then the entity authorized to issue a permit for the proposed
may allow deviations from the setback requirements if it finds that:
A. The property cannot reasonably be developed for the
proposed without such deviations;
B. These deviations are necessitated by the size or shape of the nonconforming
; and
C. The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.
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