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MapLink™ | Procedures | 3.4.11(E) Zoning Board of Adjustment Actions Related to Non-Conforming Uses

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3.4.11(E) Zoning Board of Adjustment Actions Related to Non-Conforming Uses
(i) Once abandoned, a non-conforming use may not be re-established except in the following cases:
(1) The property owner applies for re-establishment of the use within six (6) months of the use being deemed abandoned by the Planning Director;
(2) No other conforming use has been established in the area vacated by the abandoned use;
(3) Inability to resume the use would deprive the owner of all economic value of the land; and
(4) The Zoning Board of Adjustment issues an order permitting the reinstatement of the abandoned use.
 
(ii) The Board of Adjustment may issue an order authorizing a non-conforming use on a lot of record to expand up to fifteen percent (15%) of the extent or size of the use at the time it became non-conforming; provided however, that the Board may require any outdoor expansion of a non-conforming use to meet applicable screening requirements (see § 5.1.2: Fencing and screening standards) and any expansion of a structure or building housing a non-conforming use to meet § UDC-3.4.11E.3 and § UDC-3.4.11E.4 and § 3.4.3: Single-family residential design standards.
(1) A non-conforming residential use may not be expanded in a way that increases the number of units beyond the number that existed at the time the use became non-conforming.
 
In issuing an order under this subsection, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being conformed to the standards of the UDC.