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AG 2015 08 17
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AG 2015 08 17
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Last modified
8/20/2015 12:49:02 PM
Creation date
11/27/2017 10:38:51 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/17/2015
Board
Board of Commissioners
Meeting Type
Regular
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Section 14 -1 Introduction eemmentar- • <br />Understanding nonconformities <br />When zoning ordinances are enacted for the first time or substantially modified, <br />"nonconformities" occur. While passage of the law or its modification seems to be the <br />direct cause of the nonconformity, the change in the law is a result of changing <br />development patterns community wide. While the use may have been appropriate in <br />the past, development has occurred about it which makes the use seem out of <br />character for the area. <br />Differing views on nonconformities <br />Nonconformities have been viewed in several different ways. One view is that, over <br />time, nonconformities must be eliminated. One of the primary drawbacks to this <br />approach is that a local government forcing cessation of a nonconformity (called <br />"amortizing ") could be liable for a monetary amount to the nonconformity owner. <br />Another view of nonconformities, the "property rights' view" sees them as deserving of <br />full protection and immunity. This Ordinance adopts a more moderate view of <br />nonconformities. Essentially, nonconformities will continue to be phased out but only <br />when their phasing out is a result of destruction, regardless of cause, or cessation of <br />operation. Nonconformities will have no limitation on maintenance and repair activity <br />but, prior to expansion or alteration, must successfully obtain a Certificate of <br />Nonconformity Adjustment. The Certificate basically helps bring the nonconformity <br />into conformity or so significantly adjusts any negative effects as to render it harmless. <br />While the term nonconformity is a general one, for the purposes of this Ordinance, <br />nonconformities may be further defined as belonging to one of the following types: <br />TYPE OF NONCONFORMITY <br />Section <br />*Nonconforming land /lots <br />14 -5 <br />*Nonconforming use of premises <br />14 -6 <br />*Nonconforming characteristics of use <br />14 -7 <br />•Nonconforming mobile homes, mobile home parks <br />14 -8, 14 -9 <br />Uses which require a conditional use permit under the terms of this Ordinance are <br />considered a conforming use. <br />Section 14 -2 How to use this chapter <br />Each of the nonconformities listed in the above table is handled in a section below. <br />Definitions of certain terms that appear in this Chapter are also listed below for the <br />reader's convenience. <br />Attachment number 7 \n <br />G -4 Page 442 <br />
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