[Ord. No. 985, 7-5-2018]
Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning set forth in this Section when used in this Article. Words used in this Article, but not defined in this Section, may be defined in Article II of this UDO.
The cost of renovation, repair or restoration shall mean
the fair-market value of the materials and services necessary to accomplish
a renovation, repair or restoration. Cost shall mean the total cost
of all intended work, and no person may avoid the intent of this definition
by doing the intended work incrementally.
Whenever this UDO refers to the effective date of this UDO,
the reference shall include the effective date of any ordinance that
amends this UDO, if the ordinance, rather than this UDO as originally
adopted, creates a nonconforming situation.
A primary use of property existing on the effective date
of this UDO that occurs when property is used for a purpose or in
any manner made unlawful by the use regulations or performance and
design standards applicable to the zoning district in which the property
is located. The term also refers to the activity that constitutes
the use made of the property. The term does not refer to accessory
use of property.
A structure that was lawfully constructed prior to the effective
date of this UDO, but which could not be constructed under the terms
of this UDO by reason of restrictions on area, lot coverage, height,
setbacks (yards), location on the lot or other requirements concerning
structures.
The then current cost of a structure or its replacement value,
if destroyed.
[Ord. No. 985, 7-5-2018]
A.
Structures. A lawful nonconforming structure may continue to exist
so long as it remains otherwise lawful, provided that no reconstruction,
enlargement or alteration of the structure shall occur that will increase
its nonconformity, except as provided herein.
B.
Uses Of Land. A lawful nonconforming use of land may be continued
so long as it remains otherwise lawful and provided that no enlargement,
increase or extension of the lawful nonconforming use of land occurs
so that a greater area of land is occupied than that which was occupied
on the effective date of this UDO or any amendment thereto that makes
the use nonconforming, and that no additional structures or additions
to structures existing on the effective date of this UDO shall be
constructed on the same lot. Further, no such lawful nonconforming
use of land shall be moved or relocated in whole or in part to any
other portion of the lot on which it is located, other than that portion
occupied at the time of effective date of this UDO. If any lawful
nonconforming use of land is not used as such for any reason for a
period of more than one hundred eighty (180) consecutive days, any
subsequent use of that land shall conform to the terms of this UDO.
[Ord. No. 985, 7-5-2018]
Should any lawful nonconforming structure be damaged by any
means to an extent of more than fifty percent (50%) of its replacement
cost at the time of damage, it may only be reconstructed in conformance
with the provisions of this UDO. Reconstruction of a lawful nonconformity,
where permitted, must commence within one (1) year of destruction.
In those instances where reconstruction does not commence within this
limited time frame, the lawful nonconformity will be considered discontinued
and the structure shall only be reconstructed as a permitted use.
[Ord. No. 985, 7-5-2018]
Minor repairs to and routine maintenance of structures and property,
where nonconforming situations exist, are permitted and encouraged.
Major renovation, i.e., work estimated to cost more than fifty percent
(50%) of the structural value of the structure to be renovated, shall
not be permitted.
[Ord. No. 985, 7-5-2018]
To determine the structural value and replacement cost of a
lawful nonconforming structure, the owner seeking to undertake maintenance,
reconstruction or repair, or restoration of a lawful nonconforming
structure must submit written estimates, which must be obtained from
three (3) separate contractors, detailing the cost of the applicable
improvement or repair and the cost of replacement of the entire lawful
nonconforming structure. The Zoning Administrator will establish the
structural value and/or replacement cost based upon the average of
these estimates.
