[Adopted 7-8-2003 by Ord. No. 03-15R]
The Land Use Ordinance of the Borough of Fanwood, adopted by the Mayor and Council of the Borough of Fanwood 12-28-2000 by Ord. No. 00-16R, and amendments thereto, as revised and codified by General Code Publishers Corp. and renumbered as Chapter 184, is hereby approved, adopted, ordained and enacted as the Land Use Legislation of the Borough of Fanwood. A summary of Chapter 184 is outlined as follows:
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Chapter 184
LAND USE
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ARTICLE I
Title, Purpose, Scope
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§ 184-1.
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Short title.
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§ 184-2.
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Purpose.
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§ 184-3.
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Objectives.
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§ 184-4.
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Scope.
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ARTICLE II
Definitions
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§ 184-5.
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Applicability.
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§ 184-6.
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Word usage.
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§ 184-7.
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Statute citations.
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§ 184-8.
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Definitions.
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ARTICLE III
Organization and Establishment of Planning Board
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§ 184-9.
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Establishment of Planning Board.
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§ 184-10.
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Membership; appointment.
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§ 184-11.
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Length of terms of office.
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§ 184-12.
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Board committees.
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§ 184-13.
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Citizens advisory committee.
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§ 184-14.
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Powers and duties of the Board.
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ARTICLE IV
Board Procedures and Establishment of the Office
of Zoning Officer
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§ 184-15.
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Selection of officers.
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§ 184-16.
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Attorney, other experts and staff.
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§ 184-17.
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Funding of expenses.
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§ 184-18.
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Rules and regulations.
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§ 184-19.
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Meetings.
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§ 184-20.
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Exclusive Authority of Board.
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§ 184-21.
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Zoning officer; duties.
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ARTICLE V
Hearings
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§ 184-22.
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When required.
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§ 184-23.
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Rules; hearing dates.
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§ 184-24.
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Notice of hearing; when required.
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§ 184-25.
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Notice of hearings for development applications.
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§ 184-26.
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Notice of hearings for the Master Plan.
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§ 184-27.
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Notice of hearings for development regulations
or capital improvement programs.
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§ 184-28.
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Filing of maps and documents; deadline.
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§ 184-29.
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Witnesses; evidence.
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§ 184-30.
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Public comment.
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§ 184-31.
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Voting procedures.
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§ 184-32.
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Record of decisions.
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§ 184-33.
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Mailing, filing and publication of decisions.
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§ 184-34.
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Record of hearings.
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ARTICLE VI
Fees, Deposits, Guarantees and Other Payments
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§ 184-35.
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Filing fees for development applications.
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§ 184-36.
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Schedule of fees.
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§ 184-37.
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Payment for professional and other expert services.
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§ 184-38.
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Inspection fees; deposit required.
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§ 184-39.
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Performance and maintenance guarantees.
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§ 184-40.
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Administration of deposits and escrows.
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§ 184-41.
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Payment of fees required prior to approval.
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§ 184-42.
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Fees; performance guaranties; and maintenance
guaranties.
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§ 184-43.
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Developer fees relating to Mount Laurel housing.
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ARTICLE VII
Construction Permits, Zoning Approvals and Certificates
of Occupancy
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§ 184-44.
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Construction permits.
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§ 184-45.
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Zoning approvals.
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§ 184-46.
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Improvements exempt from requirement to obtain
permit or approval.
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§ 184-47.
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Certificates of occupancy.
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§ 184-48.
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Records of construction permits, zoning approvals
and certificates of occupancy.
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§ 184-49.
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Violation of requirement of construction permits,
zoning approvals or certificates of occupancy.
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ARTICLE VIII
Procedures for Variance Applications, Appeals,
Requests for Interpretations or Other Special Questions
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§ 184-50.
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Procedures for applications for variances or
for the direction of the issuance of certain permits.
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§ 184-51.
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Procedure for appeals, requests for interpretations
or other special questions.
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§ 184-52.
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Appeals from a final decision of the Board.
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§ 184-53.
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Appeal by public utilities.
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§ 184-54.
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Protest requiring an enhanced vote.
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ARTICLE IX
Site Plan and Subdivision Review Procedures
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§ 184-55.
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When required; exemptions.
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§ 184-56.
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Classification of site plans and subdivisions.
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§ 184-57.
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Filing of applications.
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§ 184-58.
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Completeness determination.
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§ 184-59.
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General review procedures.
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§ 184-60.
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Conceptual site plans and subdivisions.
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§ 184-61.
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Minor site plans.
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§ 184-62.
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Minor subdivisions.
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§ 184-63.
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Preliminary major site plans and preliminary
major subdivisions.
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§ 184-64.
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Final major site plans and final major subdivisions.
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§ 184-65.
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Conditional approvals.
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§ 184-66.
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Default approvals.
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§ 184-67.
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Extensions of approvals due to delay in obtaining
other governmental approvals.
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§ 184-68.
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Tolling of running of period of approval due
to legal action.
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§ 184-69.
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Developer's agreements; restoration guarantees.
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§ 184-70.
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Required improvements.
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§ 184-71.
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Off-tract improvements.
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§ 184-72.
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Inspection of improvements and construction.
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§ 184-73.
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Selling before final subdivision approval.
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§ 184-74.
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Certification of subdivision approval.
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§ 184-75.
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Exception in application of subdivision or site
plan requalification.
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§ 184-76.
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Reservation of public areas.
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§ 184-77.
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Payment of taxes and assessments prior to approval.
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§ 184-78.
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Disclosure of ownership required.
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§ 184-79.
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Approvals binding.
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ARTICLE X
Submission Requirement for Development Applications
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§ 184-80.
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General procedure for completeness review.
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§ 184-81.
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General requirements; supporting documentation.
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§ 184-82.
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General requirements; plan information.
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§ 184-83.
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Submission requirements for conceptual site
plans and subdivisions.
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§ 184-84.
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Additional requirements for minor subdivisions.
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§ 184-85.
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Additional requirements for preliminary major
subdivisions.
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§ 184-86.
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Additional requirements for final major subdivisions.
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§ 184-87.
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Additional requirements for minor site plans.
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§ 184-88.
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Additional requirements for preliminary major
site plans.
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§ 184-89.
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Additional requirements for final major site
plans.
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§ 184-90.
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Submission requirements for variance applications
or appeals.
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ARTICLE XI
Design Guidelines, Standards and Construction
Specifications
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§ 184-91.
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Applicability.
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§ 184-92.
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Applicability of RSIS.
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§ 184-93.
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General design guidelines.
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§ 184-94.
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Blocks and lots.
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§ 184-95.
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Streets.
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§ 184-96.
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Curbs.
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§ 184-97.
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Sidewalks.
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§ 184-98.
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Driveway aprons.
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§ 184-99.
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Stormwater management and flood protection.
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§ 184-100.
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Street trees.
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§ 184-101.
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Lighting.
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§ 184-102.
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Sanitary sewers and septic disposal systems.
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§ 184-103.
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Electric, telephone, gas and cable television
service.
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§ 184-104.
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Landscaping and buffers.
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§ 184-105.
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Energy conservation, waste removal and recycling.
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§ 184-106.
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Preservation and removal of trees.
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ARTICLE XII
Zone District Regulations
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§ 184-107.
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Zone districts.
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§ 184-108.
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Schedule and map.
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§ 184-109.
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R-150 Single-Family Residence District.
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§ 184-110.
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R-75 Single-Family Residence District.
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§ 184-111.
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MAH Midway Affordable Housing Zone.
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§ 184-112.
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TAH Terrill Affordable Housing Zone.
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§ 184-113.
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LGAH La Grande Affordable Housing Zone.
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§ 184-114.
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Commercial Office (CO) District.
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§ 184-115.
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Central Commercial (CC) Business District.
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§ 184-116.
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Central Commercial II (CC2) Business District.
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§ 184-117.
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General Commercial (GC) Business District.
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§ 184-118.
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Light Industrial (LI) District.
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ARTICLE XIII
General Zoning Regulations
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§ 184-119.
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Applicability of zoning regulations.
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§ 184-120.
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Variances.
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§ 184-121.
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Yards.
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§ 184-122.
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Buildings.
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§ 184-123.
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Height exceptions.
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§ 184-124.
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Planting and fences on street property lines.
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§ 184-125.
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Fences and aboveground walls.
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§ 184-126.
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Retaining walls.
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§ 184-127.
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Vending machines.
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§ 184-128.
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Dangerous conditions.
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§ 184-129.
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Architectural design of buildings.
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§ 184-130.
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Animals and birds.
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§ 184-131.
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Performance standards.
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§ 184-132.
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Flag lots.
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§ 184-133.
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Structures adjacent to gas transmission lines.
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ARTICLE XIV
Accessory Uses, Buildings and Structures
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§ 184-134.
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Requirements for residential accessory uses
and structures.
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§ 184-135.
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Nonresidential accessory uses and structures.
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§ 184-136.
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Antennas, earth stations, satellite dishes and
similar equipment.
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§ 184-137.
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Bulk storage of flammable or hazardous chemicals.
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§ 184-138.
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Wireless telecommunications towers and antennas.
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§ 184-139.
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Storage and dispensing of liquefied petroleum
gas.
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ARTICLE XV
Home Occupations
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§ 184-140.
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Home occupations permitted.
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§ 184-141.
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Requirements applicable to home occupations.
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§ 184-142.
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Prohibited uses.
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ARTICLE XVI
Outdoor Storage
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§ 184-143.
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Outdoor storage permitted.
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§ 184-144.
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Certain motor vehicle parking in all zones.
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§ 184-145.
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Parking of motor vehicles not for the personal
private use of the occupant in residential zones.
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§ 184-146.
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Prohibited outdoor storage in all residential
zones and on all residential property.
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§ 184-147.
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Outdoor storage in nonresidential zones.
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ARTICLE XVII
Signs
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§ 184-148.
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Purpose.
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§ 184-149.
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Applicability; general provisions.
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§ 184-150.
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Exempt signs not requiring sign permits or fees.
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§ 184-151.
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Prohibited signs.
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§ 184-152.
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Signs over public right-of-way.
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§ 184-153.
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Setback from residential district.
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§ 184-154.
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Sign maintenance.
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§ 184-155.
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Location of signs.
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§ 184-156.
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Construction materials and sign design.
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§ 184-157.
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Permitted signs.
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ARTICLE XVIII
Off-Street Parking, Loading, Circulation and
Access
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§ 184-158.
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Policy.
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§ 184-159.
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General requirements.
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§ 184-160.
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Minimum number of off-street parking and loading
spaces.
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§ 184-161.
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Location of required parking spaces.
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§ 184-162.
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Required dimensions for parking spaces and loading
spaces.
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§ 184-163.
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Access aisles and driveways.
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§ 184-164.
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Pavement for parking and loading areas.
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§ 184-165.
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Curbing for parking and loading areas.
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§ 184-166.
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Painting spaces.
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§ 184-167.
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Drainage.
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§ 184-168.
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Illumination of parking and loading areas.
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§ 184-169.
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Signs in parking and loading areas.
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§ 184-170.
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Screening of parking and loading areas.
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§ 184-171.
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Pedestrian circulation.
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§ 184-172.
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Use restrictions.
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ARTICLE XIX
Conditional Uses
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§ 184-173.
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Purpose.
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§ 184-174.
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List of conditional uses, zones where permitted.
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§ 184-175.
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Procedure for conditional use approval.
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§ 184-176.
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Application of conditional use standards.
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§ 184-177.
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Houses of worship.
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§ 184-178.
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Community shelters and residences.
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§ 184-179.
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Assisted living facilities.
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§ 184-180.
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Nonprofit chartered membership organizations.
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§ 184-181.
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Additional motor vehicle and service station
requirements.
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§ 184-182.
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Residential type public utility facilities.
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§ 184-183.
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Industrial type public utility facilities.
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§ 184-184.
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Uses within the flood area.
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§ 184-185.
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Inoperable motor vehicles.
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ARTICLE XX
Nonconforming Uses, Lots, Buildings and Structures
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§ 184-186.
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Nonconforming lots.
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§ 184-187.
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Continuance of nonconforming uses, buildings
or structures.
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§ 184-188.
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Alteration, extension or enlargement of nonconforming
uses, buildings or structures.
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§ 184-189.
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Restoration of existing buildings or structures
which are nonconforming because of use.
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Restoration of existing buildings or structures
which are nonconforming because of reasons other than use. Certificate
that a nonconforming use, building or structure may be certified.
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ARTICLE XXI
Enforcement, Violations and Penalties
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§ 184-192.
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Enforcement authority.
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§ 184-193.
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Violations.
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§ 184-194.
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Penalties.
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All ordinances or parts of ordinances which
are inconsistent herewith are repealed to the extent of such inconsistencies.
If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining portions
of this ordinance.
