Ordinance No. 20224 - Laserfiche WebLink

Home Browse Search

9.1210 Legal Nonconfornu*ne Lots of Record. Lots or parcels legally created but which do not now conform to the legal lot standards in this land use code may be occupied by uses otherwise permitted if those uses will comply with all other provisions of this land use code. 9.1220 Legal Nonconforming A use that was legally established on a particular development site but that no longer complies with the allowed uses or the standards for those uses in this land use code is considered a legal nonconforming use. Change of ownership, tenancy, or management of a legal nonconforming use shall not affect its legal nonconforming status. The continuation of a legal nonconforming use is subject to the following: (1) If a legal nonconfonning use is discontinued for a period of 365 days, it shall lose its legal nonconforming status, and the use of the property thereafter shall conform with the existing provisions of this land use code. If the use was discontinued because the structure was damaged to an extent of 50% or more of its replacement cost by a catastrophe, such as fire that is not intentionally caused by the owner, the use may be reinstated within 2 years. (2) If a legal nonconforming use is converted to a conforming use, no nonconforming use may be resumed. (3) No legal nonconforming use may be replaced by a different type of nonconforming use, nor may any legal nonconforming use be expanded or intensified. 9,1230 Legal Nonconforming Structure A structure that was legally established but no longer conforms to all development standards of this land use code (such as height or setbacks) is considered a legal nonconforming structure. Notwithstanding development standard requirements in this code, minor repairs and routine maintenance of a legal nonconforming structure are permitted. The continuation of a legal nonconforming structure is subject to the following: (1) A. legal nonconforming structure that is damaged to an extent of 50% or more of its replacement cost may be restored only if the damage was not intentionally caused by the property owner and the nonconformity is not increased. Any residential structure(s), including multiple - family, in a residential zone damaged beyond 50% of its replacement cost by a catastrophe, such as fire that is not intentionally caused by the owner, may be reconstructed at the original density provided the reconstruction is commenced within 2 years after the catastrophe. (2) A legal nonconforming structure may be altered to bring the structure closer to compliance with existing regulations, but shall not be altered in a manner that increases its nonconformity. (3) A legal nonconforming structure that is moved loses its nonconforming status and must then conform to all requirements of this land use code. Ordinance - 46 �