Exceptions, variances and conditional uses.
Whenever the zoning ordinance in effect at the time of adoption of this ordinance has authorized any use which is not permitted as of right by issuing a variance, exception, or permit to locate in a district, such authorization may be continued, changed, extended, enlarged, or structurally altered only as set forth in the regulations governing nonconforming uses, buildings or structures and lots.
(a)
Renewals. Where no limitation of the use was imposed at the time of authorization such use may be continued. Where such use was authorized subject to a term of years, such use may be continued until the expiration of the term, and thereafter the board of appeals which originally authorized such use may, in appropriate cases, extend the period of continuance for one (1) or more terms of not more than five (5) years each. The board of appeals may prescribe appropriate conditions and safeguards to minimize adverse effects of such use on the character of the neighborhood.
(b)
Change of use. In no event shall such use be changed, and no agency shall be empowered to permit such use to be changed, except to a conforming use or nonconforming use as provided for in the regulations governing nonconforming uses, buildings or structures and lots. However, a change in occupancy or ownership shall not, by itself, constitute a change in use. (Ord. No. 12-16, Jan. 2013)
CONSTRUCTION OF LANGUAGE
AND DEFINITIONS
Construction of Language
Exceptions, variances and conditional uses.
Whenever the zoning ordinance in effect at the time of adoption of this ordinance has authorized any use which is not permitted as of right by issuing a variance, exception, or permit to locate in a district, such authorization may be continued, changed, extended, enlarged, or structurally altered only as set forth in the regulations governing nonconforming uses, buildings or structures and lots.
(a)
Renewals. Where no limitation of the use was imposed at the time of authorization such use may be continued. Where such use was authorized subject to a term of years, such use may be continued until the expiration of the term, and thereafter the board of appeals which originally authorized such use may, in appropriate cases, extend the period of continuance for one (1) or more terms of not more than five (5) years each. The board of appeals may prescribe appropriate conditions and safeguards to minimize adverse effects of such use on the character of the neighborhood.
(b)
Change of use. In no event shall such use be changed, and no agency shall be empowered to permit such use to be changed, except to a conforming use or nonconforming use as provided for in the regulations governing nonconforming uses, buildings or structures and lots. However, a change in occupancy or ownership shall not, by itself, constitute a change in use. (Ord. No. 12-16, Jan. 2013)
CONSTRUCTION OF LANGUAGE
AND DEFINITIONS
Construction of Language