They have acknowledged in this process that R-6 governing standards rule our parcel but not once referenced the structure rulings from this very article 15 that allows for structure conformity. Nor the application of its standards to our due process.
Our conformity or legal non conforming use available for our parcel is R6 or m12 you choose a path and abide by.
Our conformity on our parcel is R-6 zoning district. Meaning our building rules / our governing standards are R-6 .
Expansion or
intensification
Of the
nonconforming use is prohibited;
( this last part they keep reiterating to us regarding the use, over and over. We agree with that part. We wouldn’t be expanding or intensifying our use.)
other than by an intentional act of the property owner, such that restoration would cost more than 50% of its full replacement value before it was damaged, such structure may be rebuilt subject to a Conditional Use Permit.
dwelling) or of the M-12 zoning district (if a multi-family dwelling) until such time as the building is amortized, condemned, removed or converted to a conforming use. If a
nonconforming residential structure
in a
nonresidential zoning district is damaged or destroyed,
2. Residential Uses in a Nonresidential Zoning District. A nonconforming residential use in a nonconforming residential structure in a nonresidential zoning district may continue to be used as a residence subject to the requirements of the R-6 zoning district (if a single-family
Rulings on use same article:
d. Nonconforming Use Regulations.
1. Change of Ownership or tenancy. The change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status, but only if the use, extent, and intensity of use does not change;
That’s the ruling on a non conforming structure allowing for structure conformity to its use. So as long as your repairs , addition or intensification of the structure do not intensify its use.
That Same very article then names the conformity in each use.
conform to any other health or safety regulations or laws imposed by local, County, State, regional, or Federal agencies in effect at the time of the work and shall not expand any nonconformity;
c. Nonconforming Structure Regulations.
1. Conformity with applicable regulations and laws. All work performed on a nonconforming structure shall be pursuant to a building permit, meet all the requirements of this ordinance and all City Codes, and
This is the rule allowing for work/expansion or addition up to conformity not beyond as then you would be breaking it by expanding the non conforming use.
Same municipal code article 15 citation next post :
I apologize if you were staff that only had the staff report to review but that is not our message and with it being a matter of public I do not endorse that message.
To see my name being shared behind such irrelevant remarks , and not at all relevant with our submitals .
At one point on the remarks they had me contesting against my very plea with an official that actually seemed to understand and his comment advocated for us .. lol
Never more evident of their lack of consideration from reading the staff report. Again very grateful this is made public as it is a matter of public record.
https://t.co/ovpZTtX9C1
We are Neroly rd if you’re following this .
I was disgusted and shocked.
What otherwise has already been established on this beautiful municipal code and stripping us from entire sections of such code over a mal extraction of from staff. I will also emphasize I am grateful this municipality publishes their code . Beautiful.
Is now gone as far as a public hearing. All because of a lack of consideration in application. Not once have they acknowledged the full article that rules on the subject and instead keep quoting bits and peaces of subsections to draw roadblocks , on
In not considering the entirety of the text as written its is easy to miss or overlook, what should have been an easy process of curing an unpermitted addiction via building permits as the the code establishes, since the addition will not expand the use.
It’s not a general rule for all non-conforming parcels but only for those where the parcel use and structure can meet conformity.. the code clearly identifies this conformity per parcel use in the entirety of this article and it should be considered verbatim.