Elimination of Non- conformities Required | BZA Approval Required | No Creation of Greater Nonconfor mity | ||||
Change | Type of Nonconfor mity | None | Partial | Total | ||
1. Repair and maintenance | ||||||
a. Maintenance and Minor Repair | All | X | - | - | - | - |
b. Major repair or reconstruction | All | - | X | - | - | X |
2. Additions | ||||||
a. | Activity | - | - | - | X | - |
b. | Design or Standards | - | X | - | - | X |
c. Second or subsequent | All | - | - | X | - | - |
3. Replacement of structure | a. Activity | - | - | - | X | - |
b. Design or standards | - | X | - | - | - | |
4. Moving of structure | All | - | - | X | - | - |
5. Internal expansion | a. Activity or design | X | - | - | - | - |
b. Standards | - | X | - | - | - | |
6. Change of activity | a. Activity | - | - | - | X | - |
b. Design or standards | - | X | - | - | - | |
7. Expansion of use of land | All | - | - | X | - | - |
8. Development of nonconforming residential lots standards | X | - | - | - | - | |
9. Change in discontinued activities | All | - | X | - | - | - |
10. Changes involving exempted nonconformities | All | X | - | - | - | - |
Footnotes for Table 32
X indicates specified requirement is applicable to the change and type of nonconformity listed.
1a. Maintenance and minor repair.
Routine maintenance and minor repairs within any twelve-month period costing twenty-five percent (25%) or less of the value of the structure to be repaired as determined by true or market value established for property tax purposes, or if such figure is unavailable or is not current, by any other figure approved by the Zoning Administrator.
1b. Major repair or reconstruction.
Any repair or rebuilding that does not qualify hereunder as maintenance and minor repair.
2. Additions.
Any additions, enlargements or structural alterations as defined herein to a structure.
2c. Second or subsequent addition.
Any addition to a nonconforming property for which an addition has previously been approved under the nonconformity provisions of this or any previous Code.
3. Replacement of structure.
The replacement of an existing legal permanent sign, manufactured home or other structure that is proposed to be completely removed, with another sign, manufactured home or structure of the same type. If the structure to be replaced has been removed, other than by natural forces, prior to application for a replacement structure hereunder, total elimination of all nonconformities shall be required in the replacement structure.
4. Moving of structure.
The relocating of a structure in whole or in part to any other location on the same or any other lot.
5. Internal expansion.
Expansion of an activity within a structure involving no structural alterations as defined herein.
6. Change of activity.
Any change in the functions or activities carried on at a premises as related to the uses allowed in the applicable zoning district.
7. Expansion of use of land.
Any extension of the use of land, whether involving a principal or accessory use, beyond land presently occupied.
8. Nonconforming residential lot.
Any lot of record as of the effective date of this Code that is located in a Residential District and that has no substantial structure upon it.
9. Change in discontinued activity.
Any resumption, expansion or change in any use that was voluntarily and intentionally discontinued for a continuous period of two years or more. Parking, landscaping and screening requirements as described herein, shall be met for all such changes.
10. Exempted nonconformities.
Any nonconformities resulting solely from changes in the locations of streets, buildings, structures or uses that are beyond the control of the owner of the premises.
Elimination of Nonconformities Required: None.
The specified change may be made without eliminating any nonconformities of the specified type.
Elimination of Nonconformities Required: Partial.
The specified change shall not be made unless nonconformities are reduced or eliminated to the extent such reduction or elimination is determined to be physically and economically feasible, particularly where this can be done without relocation of sound major structures, acquisition of additional land or expenses disproportionate to the cost of the specified change made. This determination shall be made by the Board of Zoning Appeals for cases requiring Board action hereunder. For other cases, the determination may be made by the Zoning Administrator, or, at his or her discretion, referred to the Board.
Elimination of Nonconformities Required: Total.
The specified change shall not be made unless all nonconformities of the specified type are completely eliminated except as may be authorized by variance under the provisions of this Code.
BZA Approval Required.
The specified change shall not be made without prior approval or conditional approval by the Board of Zoning Appeals. The Board may approve or deny the change or approve it subject to any conditions it deems appropriate.
No Creation of Greater Nonconformity.
The specified change may be made only if no greater degree of or additional instance of nonconformity results from the new construction than existed before the change was made, except as may be authorized by variance under the provisions of this Code.
(Ord. 87-94. Passed 7-27-87; Ord. 89-5. Passed 1-23-89.)