Nonconformities
What is a nonconformity?
Under the Zoning Code, a nonconformity is an existing use, structure, lot, or sign that does not conform to the requirements of the Zoning Code. They are often referred to as 'grandfathered' uses.
Code information for:
Section 120-198B states that the continued existence of certain nonconformities is frequently inconsistent with the Comprehensive Plan and thus the gradual elimination of such nonconformities is often desirable. Other nonconformities may continue to exist and afford adaptive reuse opportunities that can contribute to neighborhood character, diversity, and services.
Click here for Section 120-198B
Because nonconformities are not permitted, they are often subject to 'abandonment' provisions when they are discontinued, regardless of the intent to resume or not abandon them. Discontinued nonconformities, therefore, can lose their rights to exist under the Code and may be permanently prohibited in the future.
An application for a Certificate of Nonconformity is required to determine the status of a specific nonconformity. This application can be used to determine if abandonment has occurred, to change from one nonconformity use to another, to verify a property's legal use, or, in special cases, to extend the period of vacancy.
Click here for the Certificate of Nonconformity application Code Section 120-199G
The owner of a nonconformity needs to be aware of and understand the regulations and laws affecting them, particularly about changing or discontinuing them.