Ordinance 2005-234 - Laserfiche WebLink

Home Browse Search

nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this article. Section 265-80. Expansion of nonconforming use. A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming. Section 265-81. Discontinuation or abandonment of a nonconforming use. If a nonconforming use is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, including any ptriod of discontinuation or abandonment commencing before the effective date of these LDRs and continuing through said date, then that use shall not be renewed recommenced or reestablished and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located. Section 265-82. Change of use. A nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements of the appropriate zoning district and conditional uses regulations contained in these LDRs. Section 265-83. Repairs or reconstruction of nonconforming structure. A. Ordinary repairs and maintenance may be made to a nonconforming structure provided that such repairs or maintenance does not exceed 50% of current value as determined by the Building Official. " Ordinary repairs and maintenance, : in accordance with the criteria that such repairs and maintenance do not substantially alter the structure, result in a change of occupancy of the structure or contravene or circumvent other provisions hereof. B. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, natural disaster or similar event, and the cost of restoring the structure to its condition which existed immediately prior to the event does not exceed 50% of the cost of replacing the entire structure, then the structure maybe restored to its original nonconforming condition, provided that a building permit is secured and reconstruction is started within 365 days from the date of the damage, and such reconstruction is diligently pursued to completion prior to the expiration of building permits. C. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, natural disaster or similar event, and the cost of restoring the structure to its condition existing Non-Conforming Use Amended Ordinance I Words underlined are added Page 2 of 4