CHAPTER 14: NONCONFORMITIES

Similar documents
General Scope and Scheme of Regulation. This Article 14 establishes separate restrictions for the following categories of nonconformities:

ARTICLE 16 NONCONFORMITIES

Chapter 1224: Nonconformities

Article 14: Nonconformities

Article 11.0 Nonconformities

Nonconformities ARTICLE XII NONCONFORMITIES

CHAPTER NONCONFORMITIES SECTION GENERALLY Intent and Purpose

Article 12. Nonconformities & Enforcement

Upon motion by, seconded by, the following. Ordinance was duly enacted, voting in favor of enactment, voting against enactment.

Article 2: Administration and Enforcement

ORDINANCE NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF WELLINGTON, COLORADO THAT:

CHAPTER ADMINISTRATION 1

ARTICLE XI ENFORCEMENT, PERMITS, VIOLATIONS & PENALTIES

PIKE TOWNSHIP, OHIO July 6, 2010 ZONING REGULATIONS

Module 2 PUBLIC DRAFT March 2018 General Standards Administration and Procedures Definitions (partial)

Nonconforming Uses, Noncomplying Structures, and Other Nonconformities

ALLEN COUNTY CODE TITLE 6 - BUILDING DEPARTMENT 6-2 ARTICLE 2 - BUILDING CODE OF ALLEN COUNTY, INDIANA TITLE. Chapter 2. AUTHORITY

ARTICLE 17 SIGNS AND AWNINGS REGULATIONS

WHEREAS, those codes, with certain amendments, have been declared public records by Resolution , and

City of Valdosta Land Development Regulations

The following signs shall be permitted in all business and industrial districts:

ARTICLE 22 GENERAL ADMINISTRATION AND ENFORCEMENT. Contents

Sign Ordinance 12-1 GENERAL REQUIREMENTS

160A-439. Ordinance authorized as to repair, closing, and demolition of nonresidential buildings or structures; order of public officer.

Article 5 Building, Electrical, Plumbing and Mechanical Code

CHAPTER 4 BUILDINGS PART 1 DANGEROUS STRUCTURES PART 2 NUMBERING OF BUILDINGS PART 3 OCCUPANCY OF BUILDINGS

CITY OF MUSKEGO CHAPTER 15 - ELECTRICAL CODE (Ord. # )

THE CITY OF MANZANITA DOES ORDAIN AS FOLLOWS: SECTION 1: ADMINISTRATION AND ENFORCEMENT. 1.1 Title

DIVISION 10. Sec Nonconforming Use of Land, Buildings and Structures. (Amended by Ord 4067, 8/18/92; Ord 4227, 6/18/96)

CITY OF EAST LANSING ORDINANCE NO. 1360

ARTICLE 1. GENERAL PROVISIONS

-- Rethinking Non-Conformities. David A. Theriaque, Esquire

A. To provide general standards for all signs within the Borough and specific standards for signs in various zoning districts;

Energy Conservation in New Building Construction. Uniform Building Code for Abatement of Dangerous Buildings

ORDINANCE NO (b) Authority of Permitting Officer. The permitting officer is hereby authorized to accept or deny applications.

SECTION II. DEFINITIONS. For use within this regulation the following terms are defined:

Chapter 75 CONSTRUCTION CODES, UNIFORM

CHAPTER BUILDING PERMITS

Procedure for unsafe structures and equipment.

CHAPTER 6 BUILDINGS ARTICLE I - UNSAFE BUILDINGS

ORDINANCE NO BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

ARTICLE 15 ADMINISTRATIVE PROCEDURE AND ENFORCEMENT

UNSAFE STRUCTURES AND PROPERTIES ORDINANCE OF THE VILLAGE OF FLAT ROCK, NORTH CAROLINA

CHAPTER IV. BUILDINGS AND CONSTRUCTION

HISTORIC LANDMARKS ORDINANCE OF THE VILLAGE OF FLAT ROCK, NORTH CAROLINA

ARTICLE II - DIVISION 1 ADMINISTRATION, ENFORCEMENT, AND PENALTIES

CHAPTER 150: BUILDING REGULATIONS. Primary Fire Limits. Insulation and Energy Conservation

ARTICLE VIII SIGN REGULATIONS

CHAPTER 3C UNSAFE BUILDINGS - PUBLIC NUISANCE

COOPERATIVE DEVELOPMENT AGREEMENT RECITALS

Chapter 160A - Article 19

BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY ORDINANCE #8-12

Example of Heritage Conservation Easement Agreement under Section 37 of the Ontario Heritage Act

ORDINANCE NO (b) Authority of Permitting Officer. The permitting officer is hereby authorized to accept or deny applications.

Article XIII. Vacation Home Rentals. 28A-68 Purpose of article. The city council of the city of South Lake Tahoe finds and declares as follows:

VANCOUVER INTERNATIONAL AIRPORT AUTHORITY

DANGEROUS BUILDINGS ORDINANCE

RULES GOVERNING THE CONSTRUCTION, USE, OPERATION, AND MAINTENANCE OF DISPOSAL SYSTEMS WITHIN ANY AREA OF JEFFERSON COUNTY, IOWA

OFF PREMISE SIGN CONTROL ORDINANCE OF MADISON COUNTY, NORTH CAROLINA

CHAPTER 4 BUILDINGS. Part 1 Dangerous Structures. Part 2 Building Permits. Part 3 Building Numbers

TITLE 12 BUILDING, UTILITY, ETC. CODES CHAPTER 1 BUILDING CODE 1

ORDINANCE NO. NORTHAMPTON TOWNSHIP BUCKS COUNTY, PENNSYLVANIA

CHAPTER IV. BUILDINGS AND CONSTRUCTION

CHAPTER 21 SIGNS (eff. 2/9/2017)

AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.

ARTICLE VII ADMINISTRATION AND ENFORCEMENT

CHAPTER 4 BUILDINGS PART 1 DANGEROUS STRUCTURES

WHEREAS the Legislature of the Province of Alberta has passed the Safety Codes Act, Chapter S , Revised Statutes of Alberta, as amended;

COMMON WALL AGREEMENT

CHAPTER 13 HISTORIC PRESERVATION COMMISSION

Amended Bill No. 26, Ordinance No. 26, Session 2012 ARTICLE 1701 BOCA National Building Code

NONCONFORMING USES, BUILDINGS, STRUCTURES OR LOTS

CHAPTER USES 1

ORDINANCE NO 100 CITY OF PATTISON, TEXAS SUBSTANDARD BUILDING ORDINANCE

Ordinance # SECTION 1: General Provisions. A. Administration

Title 15 BUILDINGS AND CONSTRUCTION

A LOCAL LAW to amend Chapter 200 of the Village Code of the Village of Monroe pursuant to New York Municipal Home Rule Law Section 10 et seq.

Chapter 2 POLICIES. 201 Scope

BE IT ORDAINED, by the Township Council of the Township of Livingston in the County of Essex as follows:

Business zone: Those areas so designated under business zone of the zoning ordinances of the City of New Britain.

SAN FRANCISCO UNIFIED SCHOOL DISTRICT San Francisco, California. Regular Board Meeting of March 9, 2010

ORDINANCE NO

sq. ft.) as provided by Section 5{A).

ARTICLE I GENERAL PROVISIONS

- CODE APPENDIX A - ZONING ORDINANCE ARTICLE 13. HISTORIC AND CULTURAL DISTRICT

ARTICLE X. NONCONFORMITIES

Appendix N HAZARD ZONING ORDINANCE/MAPS/ AIRPORTS ZONING MAPS. LAST UPDATED: May 1, 2001 CASE NUMBER: ORDINANCE NO.

WATAUGA COUNTY, NC VALLE CRUCIS HISTORIC DISTRICT ORDINANCE EFFECTIVE DATE: SEPTEMBER 1, 1990

Billboard: A billboard is a free standing sign over 32 square feet which meets any

City of. Lake Lillian

CHAPTER 150: BUILDINGS. Building Code. Permits and General Requirements. Construction Sites. Electrical Inspections

AMENDED AND RESTATED BYLAWS OF LAKEVIEW AT POINTE VISTA HOMEOWNERS ASSOCIATION, INC. (A Texas Non-Profit Corporation)

TITLE 8. Building Regulations

Published by Muncipal Codification Services, Inc.

TOWN OF SARATOGA BUILDING CODE. Table of Contents

Chapter 10 BUILDINGS AND BUILDING REGULATIONS*

City of Saint Louis ARTICLE V. DANGEROUS BUILDINGS* Sec Dangerous building defined.

Town of Farmington Chapter 11 Land Use Table of Contents

Chapter 15 Planning. ARTICLE I In General

PROPERTY MAINTENANCE. Chapter 438 FENCES - HEIGHT - REGULATION

Transcription:

CHAPTER 14: NONCONFORMITIES Section 14.1 Purpose and Scope...14-2 Section 14.2 Transitional Rules... 14-2 Section 14.3 Nonconforming Uses... 14-2 Section 14.4 Nonconforming Structures... 14-4 Section 14.5 Nonconforming Signs...14-4 Section 14.6 Nonconforming Lots of Record... 14-5 Section 14.7 Nonconforming Lights... 14-6 Section 14.8 Previously Issued Building Permits... 14-6 14-1

Section 14.1 Purpose and Scope The purpose of this Section is to regulate and limit the development and continued existence of uses, structures, and Lots established prior to the effective date of this Ordinance that do not conform to the requirements of this Ordinance. Some nonconformities may continue, but the provisions of this Section are designed to curtail substantial investment in nonconformities and to bring about their eventual conformance or elimination in order to preserve the integrity of this Ordinance and the character of the Village and its extraterritorial jurisdiction. Any nonconforming use, structure, or Lot which lawfully existed as of the effective date of this Ordinance and which remains nonconforming, and any use, structure, or Lot which has become nonconforming as a result of the adoption of this Ordinance or any subsequent rezoning or amendment to the text of this Ordinance, may be continued or maintained only in accordance with the terms of this Section. Section 14.2 Transitional Rules Section 14.2.1 Existing Unlawful Uses and Structures If a structure or use conforms with the requirements of this Ordinance, then upon adoption of this Ordinance any noncompliance with or violation of the predecessor ordinance is deemed to be of no effect. Section 14.2.2 Uses Rendered Non-Conforming When a Lot is used for a purpose which was a lawful use before the effective date of this Ordinance, and this Ordinance or any amendment thereto no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use is hereby deemed a nonconforming use and shall be controlled by the provisions of this Ordinance. Section 14.2.3 Buildings, Structures and Lots Rendered Non-Conforming Where any building, structure, or Lot which existed on the effective date of this Ordinance does not meet all standards set forth in this Ordinance or any amendment thereto, such building, structure, or Lot is hereby deemed nonconforming and shall be controlled by the provisions of this Ordinance. Section 14.2.4 Non-Conforming Uses Generally In order to qualify as a non-conforming use, the way in which the use was actually conducted as well as the purpose of the use must be lawful. The lawfulness of the use must be proven by the property owner. Section 14.3 Nonconforming Uses Section 14.3.1 Extension of Use A nonconforming use of land shall not be enlarged, or intensified in any way except as provided below. 14-2

Section 14.3.2 Continuation, Maintenance and Minor Repair for Uses Other than Single Family Residential Uses. The continuation of a nonconforming use of land and the maintenance or minor repair of a structure containing a nonconforming use other than a single family residential use, are permitted, provided that the continuation, maintenance, or minor repair does not expand, or increase the intensity of the nonconforming use. For the purposes of its Section, maintenance or minor repair shall mean: A. Subject to Section 14.3.3 herein below repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without expanding or altering the building or structure. B. Maintenance of land areas to protect against health hazards and promote the safety of surrounding land uses. C. Repairs which are required to remedy unsafe conditions which cause a threat to public safety. Section 14.3.3 Damage or Destruction If a nonconforming use, other than a single family residential use, is destroyed by any means or remodeled to an extent greater than 125% of the tax appraised value of the structure at the time of destruction then such use shall not be reestablished in any way that does not conform to the requirements of this Ordinance. For those residences which would have otherwise been deemed to be a nonconforming use but for the residential family exemption set forth herein, the use may be reestablished, but only if the architecture of the original use is retained as nearly as practicable. Section 14.3.4 Change of Use Any nonconforming use of land may be changed to a conforming use by securing all approvals and permits that this Ordinance requires for the intended or resulting use, building, structure, or Lot. No nonconforming use may be changed to another nonconforming use. A. Cessation of Use: If a nonconforming use other than a single family residential use is discontinued, regardless of reason or intent, for one hundred twenty (120) consecutive days or more, then the property shall thereafter be occupied and used only for a conforming use. If a nonconforming use of property other than a single family residential use is discontinued, but reestablished within one hundred twenty (120) days, then the nonconforming use may continue, provided that the nature and degree of the nonconformity will not be changed or increased from that which existed before the nonconforming use was discontinued. The nonconformity may be reestablished by taking reasonable and timely steps to restore conformity. Notwithstanding the preceding, any existing conforming residential use that is located on a nonconforming residential Lot may continue including any additions or improvements thereon. Provided, however, that this Section shall not apply to any nonconforming non-residential use occupying a building or structure that normally operates fewer than ninety (90) 14-3

calendar days in any given calendar year. A nonconforming use which normally operates fewer than ninety (90) calendar days in any calendar year shall not be continued after twelve (12) months has passed without any operation of the nonconforming use. B. Signs for Nonconforming Uses: Wall signs shall not be erected on any portion of a structure housing a nonconforming use. Section 14.4 Nonconforming Structures Section 14.4.1 Expansion or Enlargement A nonconforming structure other than a single family residential use shall not be expanded or enlarged in any way so as to increase the existing nonconformity or nonconformities, except as provided below. Section 14.4.2 Maintenance or Minor Repair The maintenance or minor repair of a nonconforming structure is permitted other than a single family residential use, provided that it does not expand or enlarge the nonconforming structure in a way that increases the nonconformity of the structure. For the purposes of this Section, maintenance or minor repair shall mean: A. Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without expanding or altering the building structure. B. Repairs which are required to remedy unsafe conditions which cause a threat to public safety. Section 14.4.3 Damage or Destruction If a nonconforming structure other than a single family residential use, is damaged or destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost at the time of destruction, then such structure shall not be restored, nor any use of the structure be reestablished in any way which does not conform to the requirements of this Ordinance. However, with respect to structures located within a multi-family development, the fifty percent (50%) cost shall be measured with reference to the development as a whole and not an individual multi-family dwelling. Section 14.5 Nonconforming Signs Section 14.5.1 Continuation Other than signs governed by G.S. 160A-199, and signs which have been approved pursuant to a conditional use permit, nonconforming signs may be continued subject to the limitations set forth in this Section. All signs that are nonconforming shall have three (3) years from the date of the adoption of this ordinance to be replaced with a conforming sign where applicable or removed where no longer permitted. 14-4

Section 14.5.2 Enlargement or Alteration A nonconforming sign other than a sign which has been approved pursuant to a conditional use permit, including its permanent message or its structure, shall not be extended, enlarged, moved, or otherwise altered unless the sign is made to conform to the applicable requirements of this Ordinance. Section 14.5.3 Damage or Destruction When a nonconforming sign is demolished or damaged to the extent that more than fifty percent (50%) of its surface area requires replacement, the sign shall be removed or made to conform to the applicable standards of this Ordinance. Section 14.5.4 Repair or Maintenance The maintenance or minor repair of a nonconforming sign, other than a sign which has been approved pursuant to a conditional use permit, is permitted, provided that it does not increase the nonconformity. When the repair, maintenance, or replacement cost of a nonconforming sign other than a sign which has been approved pursuant to a conditional use permit, exceeds one hundred dollars ($100), the sign shall be removed or made to conform to the applicable requirements of this Ordinance. Section 14.6 Nonconforming Lots of Record Section 14.6.1 Development Prohibited No use or structure shall be established on a Lot of record which does not conform to the Lot area and Lot width requirements established in this Ordinance for the zoning district in which it is located, except as otherwise set forth herein below. Section 14.6.2 Use for Single-Family Dwelling Notwithstanding the limitation above, a nonconforming lot may be used for a single-family dwelling, provided that: A. The Lot is located in a district in which dwellings are permitted; B. Development of the site will be in compliance with dimensional requirements of the applicable zoning districts with the exception of minimum Lot size and minimum Lot width. All other dimensional criteria must be met. B. The Lot was platted prior to the Effective Date of this Ordinance. Section 14.6.3 Authorization of Nonconforming Projects Whenever an amendment to this chapter becomes effective after an application for a development permit is submitted but before the permit is issued, and the effect of the amendment is to render the proposed development nonconforming in some respect, then the permit issuing authority may nevertheless issue the permit even though the project is nonconforming if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on this chapter as it existed prior to the amendment and thereby would be unreasonably prejudiced if required to comply with this chapter as so amended. 14-5

Section 14.7 Nonconforming Lights Section 14.7.1 Continuation Any lighting fixture lawfully in place or approved by the Village prior to the adoption of these lighting standards shall be exempt from the provisions of this code. At the time that a nonconforming fixture is replaced, moved, upgraded, or otherwise changed, the fixture must be brought into compliance with these lighting standards. Any expansion of, or addition to, an existing lighting system must conform to the requirements of these lighting standards. Section 14.7.2 Maintenance Routine maintenance, including changing the lamp, ballast, starter, photo control, lens, and other required components, is permitted for all existing fixtures. When the fixture housing is changed, the fixture must come into compliance. A. Notwithstanding anything set forth in this Section 14.71 to the contrary, all stationary sources of illumination in all Districts that were or are installed either before or after the date of adoption of this Ordinance, shall be directed away from other properties and shielded in a manner so that only reflected or refracted light is visible. Section 14.8 Previously Issued Building Permits A. Any development for which a building permit has been issued prior to the effective date of this Ordinance, or prior to the effective date of any amendment hereto which renders the development non-conforming, may be carried out in accordance with that building permit and shall be deemed lawfully existing under the terms of this Ordinance, provided that: (1) The permit was validly issued (2) The permit has not expired and (3) The permit has not been revoked. B. This Section shall not apply where the property owner consents to making the development conform to the requirements of this Ordinance, or any amendment thereto, which would make the development non-conforming. 14-6