NUMB:
970828
VERS:
SUBSTITUTE 3
REF:
XXBY:
ALD. D'AMATO
TITL:
A substitute ordinance relating to zoning regulations for nonconforming lots, structures and uses.
SECS:
295-7-8.5 cr
295-7-37.5 cr
295-7-84 rc
295-7-115 rp
295-7-115 cr
295-7-115.2 cr
295-7-115.4 cr
295-7-115.6 cr
295-30 cr
295-31 rc
295-33 rc
295-35 rc
295-37 rc
295-39 rc
295-40 rp
295-41 rc
295-43 rc
295-45 cr
295-59-5-f rp
295-59-6 rn
295-59-6 cr
295-59-7 rn
295-61-3 am
295-97-1-a-4 am
ANLS:
- Analysis -
With regards to zoning code provisions relating to nonconforming lots, structures and uses, this ordinance defines the terms "alteration," "conforming use," "intensify," "nonconforming lot," "nonconforming prohibited use," "nonconforming special use" and "nonconforming structure." A nonconforming prohibited use is a use which was legally established but which is no longer classified as a permitted use or a special use in the zoning district in which it is located. A nonconforming special use is a use which was legally established, became classified as a special use in the zoning district in which it is located on a date after the date of such establishment, and has not received special use approval from the board of zoning appeals.
This ordinance also establishes regulations for nonconformities which can be summarized as follows:
1. Generally, nonconforming lots may be used for single-family homes and accessory structures.
2. Structural alteration or enlargement, but not reconstruction, of nonconforming structures that contain conforming uses shall be permitted.
3. Obtainment of board of zoning appeals approval for nonconforming special uses shall be encouraged, but such uses shall be allowed to continue without being subject to many of the restrictions that are customarily imposed on nonconforming uses.
4. Nonconforming prohibited uses of structures and land shall be allowed to continue, with ordinary repairs and maintenance, but ev...
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