PURPOSE

  1. To provide for the continuation of uses, structures, building lots, site characteristics, or signs that were established prior to the adoption of this Code and were made nonconforming in result of the adoption of this Code.
  2. To provide clear and fair rules for when nonconforming conditions should come into conformance with the standards contained within this Code.

APPLICABILITY

  1. All building lots, uses, buildings, components, roofs, site characteristics, signs, thoroughfares or other items that were established prior to the adoption of this Code.

CONTINUATION

  1. Nonconforming conditions may continue to operate until such a time as the owner of the property, building, or features makes an alteration that requires conformity, as described in related sections of this Code.

PROOF OF NONCONFORMING CONDITIONS

  1. The applicant has the burden of establishing the existence of a nonconforming condition that was in effect prior to the adoption of this Code.
  2. When applying for any permit or approval related to a nonconforming condition, the applicant may be required to submit evidence of a prior permit or other documentation showing that the nonconformity existed prior to the adoption of this Code.

DETERMINATIONS

  1. The [PERMITTING AUTHORITY] will determine all questions as to whether a nonconforming condition exists, and prepare a written interpretation in accordance with Article 7.A.6 Written Interpretation.
  2. The written interpretation must assign a building type, components, roof type, and any other features to the nonconforming building, to set the baseline for modifications that can be legally made to the nonconforming building.

RESTORATION OF NONCONFORMING CONDITIONS

  1. A Zoning Permit is required for the rebuilding, restoration, repair, or reconstruction of a nonconforming condition within one year of the date of damage or destruction.
  2. The [PERMITTING AUTHORITY] may grant a one-year extension of this period.
  3. In the event that a Zoning Permit is not obtained within one year of the date of damage or destruction, and no extension is requested, then the nonconforming condition may not be reestablished unless it conforms to all regulations of this Code.