BUILDINGS, USES, AND PROPERTY
The purpose of this chapter is to allow any nonconforming property, use, or structure which was lawfully existing prior to the effective date of this title to continue until they are removed, but not to encourage their continuation. Additionally, nonconforming uses or structures shall not expand or extend the non-conforming aspect of the use or structure.
A. MAINTENANCE PERMITTED. A nonconforming building or structure may be maintained. B. REPAIRS AND ALTERATIONS. Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use. Existing nonconforming structures may be rebuilt (verses repaired or remodeled) due to age or deterioration as long as the building does not change in location or increase in size. The purpose and use of the building can not change after rebuild. C. ADDITIONS, ENLARGEMENTS, AND MOVING. A building or structure nonconforming with use regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, is made to conform to all the regulations of the zone in which it is located. Residential buildings may be added on to in current location, if it is not brought closer to the front set-backs, or side set-backs on a corner lot, if the addition can not be added in a manner conforming to current set-backs due to architectural conflicts, or property conflicts such as septic location or natural barriers, with Administrative Land Use Authority approval. Commercial and Industrial buildings must be approved by the MCLUA and Board of Adjustments showing good reason why the addition is necessary and can not be built in a conforming manner. D. ALTERATION WHERE PARKING INSUFFICIENT. A building or structure lacking sufficient automobile parking space in connection therewith as required by this ordinance may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this ordinance for such alteration or enlargement. E. RESTORATION OF DAMAGED BUILDINGS. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, other calamity, Act of God, or the public enemy, may be restored and the occupancy or use of such building, structure, or part thereof, existing at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion.
Any property nonconforming with respect to the minimum land area required by the zoning district within which it lies shall not be further diminished in size. 1. Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents proving the following: 2. The property followed the minimum property size requirement of the applicable zoning district prior to the decrease in property size.
BUILDINGS, USES, AND PROPERTY
The purpose of this chapter is to allow any nonconforming property, use, or structure which was lawfully existing prior to the effective date of this title to continue until they are removed, but not to encourage their continuation. Additionally, nonconforming uses or structures shall not expand or extend the non-conforming aspect of the use or structure.
A. MAINTENANCE PERMITTED. A nonconforming building or structure may be maintained. B. REPAIRS AND ALTERATIONS. Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use. Existing nonconforming structures may be rebuilt (verses repaired or remodeled) due to age or deterioration as long as the building does not change in location or increase in size. The purpose and use of the building can not change after rebuild. C. ADDITIONS, ENLARGEMENTS, AND MOVING. A building or structure nonconforming with use regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, is made to conform to all the regulations of the zone in which it is located. Residential buildings may be added on to in current location, if it is not brought closer to the front set-backs, or side set-backs on a corner lot, if the addition can not be added in a manner conforming to current set-backs due to architectural conflicts, or property conflicts such as septic location or natural barriers, with Administrative Land Use Authority approval. Commercial and Industrial buildings must be approved by the MCLUA and Board of Adjustments showing good reason why the addition is necessary and can not be built in a conforming manner. D. ALTERATION WHERE PARKING INSUFFICIENT. A building or structure lacking sufficient automobile parking space in connection therewith as required by this ordinance may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this ordinance for such alteration or enlargement. E. RESTORATION OF DAMAGED BUILDINGS. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, other calamity, Act of God, or the public enemy, may be restored and the occupancy or use of such building, structure, or part thereof, existing at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion.
Any property nonconforming with respect to the minimum land area required by the zoning district within which it lies shall not be further diminished in size. 1. Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents proving the following: 2. The property followed the minimum property size requirement of the applicable zoning district prior to the decrease in property size.