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FINAL ORDINANCE NO. 08-157
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FINAL ORDINANCE NO. 08-157
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5/19/2026 12:30:41 PM
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chapter which use does not conform with the regulations for the district in which it <br />is located after the effective date of this chapter or the amendment. <br />2. SUBST�MDAI+D NON -CONFORMING BUILDING or S[3WT R4 NON- <br />CONFORMING STRUCTURE. Any building or structure lawfully existing on the <br />effective date of this chapter or any i~'� endme amendment to this chapter, which <br />building or structure does not conform with the regulations, including dimensional <br />standards, for the district in which it is located after the effective date of this chapter <br />or the amendment. <br />B. Preservation of Non -Conforming Uses. Except as provided in this chapter, the lawful use <br />of land or the lawful use of a building or structure existing on the effective date of this <br />chapter or on the effective date of any amendment to this chapter may be continued through <br />repair, replacement, restoration, maintenance, or improvement although the use does not <br />conform to the provisions of this chapter, except as otherwise provided in this section. The <br />continuation of the non -conforming use does not include expansion except as otherwise <br />permitted by this section. <br />C. Preservation ofDimensionally Substandard Buildings or Structures. Except as provided in <br />this chapter, buildings or structures lawfully existing on the effective date of this chapter <br />or on the effective date of any amendment to this chapter may be maintained although the <br />building or structure does not conform to the dimensional standards of this chapter. <br />However, any such building or structure shall not be altered or improved beyond normal <br />maintenance, except that any lawful dimensional substandard residential building, <br />accessory building, or structure may be altered or improved if the existing substandard <br />dimension relates only to setback requirements and does not exceed the 10% of the <br />minimum setback requirements. Additionally, the alteration or improvement shall conform <br />to all of the provisions of this chapter and shall not increase the existing substandard <br />dimensions. <br />D. Unlawful Uses, Buildings, and Structures. No unlawful use of property existing on the <br />effective date of this chapter or any amendment to this chapter, nor any building or structure <br />which is unlawfully existing on the effective date shall be deemed a nonconforming use <br />or a nonconforming building or structure. <br />E. Permit Holders and Permit Applicants. Any non -conforming structure that is ready for or <br />under construction on the effective date of this chapter or any amendment to this chapter <br />may be completed and occupied in accordance with the requirements of any valid building <br />permit issued for the construction prior to the effective date. <br />F. Change from One Non -Conforming Use to Another. A non -conforming use may be <br />changed only to a use permitted in the district in which it is located; except that if no <br />structural alterations are made, a non -conforming use of a building may be changed to <br />another non -conforming use of the same or a more restrictive classification, and provided <br />the change is approved by the Board of Adjustment and Appeals as provided in this chapter. <br />2 <br />484315vl AMB LA515-4 <br />
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