[Ord. No. 88-12 §18, 7-19-1988]
Non-conforming uses are governed by this Article only insofar
as this Zoning Code restricts and regulates modification and improvements
to such uses, and provides for their gradual elimination in furtherance
of the goals and objectives of the City Land Use Development Plan.
[Ord. No. 88-12 §18, 7-19-1988]
Any lawful use of a structure or lot existing on or before July
19, 1988, may be continued, although such use does not conform to
the provisions of this Article. The Albany Board of Aldermen may provide
for termination of non-conforming uses, however, either by specifying
the period or periods within which such uses shall be required to
cease or by providing a formula whereby compulsory termination shall
be established to allow for a reasonable recovery of the original
investment in said non-conforming uses.
[Ord. No. 88-12 §18, 7-19-1988]
A.
The
following general conditions shall apply to continuation of non-conforming
uses:
1.
In the event that a non-conforming use of any building or premises
is discontinued or its normal operation stopped for a period of one
(1) year, the use of the same shall thereafter conform to the regulations
of the district in which it is located.
2.
In the event that the use of a non-conforming advertising sign structure
is discontinued or its normal operation stopped for a period of six
(6) months, said structure shall be removed by the owner or lessor
at the request of the Board. Signs existing on or before July 19,
1988, which do not conform to the regulations set forth in this Article
shall become a non-conforming use and shall be discontinued within
a reasonable period of amortization of the sign; uses of signs which
become non-conforming by reason of a subsequent change in this Article
shall also be discontinued within a reasonable period of amortization
of the sign.
3.
No sign erected before July 19, 1988, shall be rebuilt, altered substantially
or moved to a new location without being brought into compliance with
the requirements of this Article. Advertising messages, identification
or information content on sign facings are excluded from this provision.
4.
Business signs on the premises of a non-conforming building or use
may be continued, but such signs shall not be increased in number,
area, height, or illumination. New signs not to exceed thirty-five
(35) square feet in aggregate sign area may be erected only upon the
complete removal of all other signs existing on or before July 19,
1988. Such signs may be illuminated but no flashing, rotating signs
resembling warning beacons shall be permitted.
[Ord. No. 88-12 §18, 7-19-1988]
Alterations may be made to a residential building containing
non-conforming residential units when they will improve the livability
of such units, provided however, that they do not increase the number
of dwelling units in the building.
[Ord. No. 88-12 §18, 7-19-1988]
No building which has been damaged by fire, explosion, act of
God, or the public enemy to the extent of more than fifty percent
(50%) of its reproduction value shall be restored, except in conformity
with the regulations of this Chapter.
[Ord. No. 88-12 §18, 7-19-1988]
Maintenance of a building or other structure containing or used
by a non-conforming use will be permitted when it includes necessary,
non-structural repairs and incidental alterations which do not extend
or intensify the non-conforming building or use. Nothing in this Article
shall prevent the placing of a structure in safe condition when said
structure is declared unsafe by the Codes Enforcement Officer or his
designee.
[Ord. No. 88-12 §18, 7-19-1988]
A.
In
any district in which single-family dwellings are permitted, a single-family
dwelling and customary accessory buildings may be constructed on any
developed single lot of record; provided the single-family dwelling
to be constructed does not violate any other provisions of this Chapter.
Such a lot must be in separate ownership from all adjacent property.
This provision shall apply, even though such a lot fails to meet minimum
requirements for area or width. Variances from other restrictions
shall be obtained only from the Planning Commission or Board of Adjustment
as appropriate.
B.
If
two (2) or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record on or before
July 19, 1988, and if all or part of the lots do not meet the requirements
for lot width and area as established by this Chapter, the lands involved
shall be considered to be an undivided parcel for the purposes of
this Chapter, and no portion of said parcel shall be used or sold
which does not meet lot and width and area requirements established
by this Chapter, nor shall any division of the parcel be made which
leaves remaining any lot width or area less than the requirements
stated in this Chapter.
