It is the intent of this Ordinance to permit legal nonconforming lots, structures, or uses to continue until they are removed, but not to encourage their survival.
It is recognized that there exists within the districts established by this Ordinance and subsequent amendments, lots, structures and uses of
and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments.
Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformities
not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same
.
A
of a
, a
of
, or a
of a
and
not be extended or enlarged after passage of this Ordinance by attachment on a building or
of additional signs intended to be seen from off the
, or by addition of other uses of a nature which would not be permitted generally in the
involved.
To avoid undue hardship, nothing in this Ordinance
be deemed to require a change in the plans, construction or designated
of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided work shall be diligently carried on until completion of the building involved.
The following table summarizes the nonconforming regulations contained in this Section:
Summary of Nonconforming Regulations | |
Issue | Requirements |
Summary of Nonconforming Regulations | |
Issue | Requirements |
Period of nonuse before nonconformity must cease | : 180 days |
Nonconforming : 12 months | |
Establishment of new conforming | Not permitted |
Change in ownership | No affect on nonconformity |
Nonconforming single | be enlarged, subject to conditions |
Substitution of one nonconformity for another including change of | Permitted under certain conditions Landscaping and other site standards must be met under present Ordinance standards |
Issue | Requirements |
Contiguous nonconformity lots under same ownership | Must be combined |
Expansion of nonconformity within building | Permitted subject to conditions |
Expansion of nonconformity beyond existing building | Not permitted |
Enlargement of nonconforming or buildings | The nonconformity not be increased (example: if a front is nonconforming, expansion is still permitted to the side or rear providing the front is maintained). |
Maintenance, structural repairs | Generally permitted |
Renovation, modernization | Maximum value: 25% of fair market value |
Rebuilding after catastrophe | Permitted if damage is less than 50% of pre-catastrophe fair market value |