Zoning Provisions Encyclopedia

Chapter: Non-conformity

Additions, Strengthening, Alterations

Nothing in this By-law shall prevent the strengthening or alteration to a safe condition of all or part of a building or structure that is a non-conforming use provided that the repair or alteration will not increase the height, size or volume of the building or structure. A non-conforming building shall not be enlarged, added […]

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Application For Non-conforming Use Status

Application for Non-Conforming Status shall contain the following information: Address of the subject property; Name and address of the owner of record; The number of living units in the primary residential structure; The number of living units in structures detached from the primary residential structure; and, The date of application. Upon receipt of the application […]

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Applications For Other Permits In a Legal Non-conforming Situation

Such legal nonconforming status shall not affect the strict, uniform enforcement of all other ordinances designed for the protection of the health, welfare and safety of the citizens of the City of Infinity including but not limited to the fire, building and housing codes. No permits shall be issued for other than that work necessary […]

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Change To More Restricted Use

The use of a nonconforming building or structure may be changed to a use of a more restricted classification and where the use of a nonconforming building or structure is hereafter changed to a use of a more restricted classification, it shall not thereafter be changed to a use of less restricted classification.

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Continuance of Existing Nonconforming Uses, Structures and Lot Dimensions

A nonconforming use may continue in existence provided that it is neither enlarged nor extended so as to occupy additional land area on the same or any other lot or parcel. A nonconforming structure may continue in existence, provided that it does not subsequent to the effective date of this chapter, become more nonconforming. Nonconforming […]

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Discontinued Use/Abandonment

A non-conforming use of land or a building may be continued but if that use is discontinued or changed, any future use shall conform to the provisions of this By-law. If a non-conforming use is discontinued for ninety (90) days or longer, it may not thereafter be resumed, and any subsequent use of the same […]

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Effect of Change In Ownership on Legal Non-conforming Use Status

A change in ownership of the said converted units shall not affect their legal conforming status however, such status shall be lost if said units are abandoned for a period of one year or destroyed by an act of nature or any other means and reoccupation or reconstruction shall be expressly prohibited.

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Existing Vacant Undersized Lots

Lots individually owned on the effective date of this By-law shall be deemed to meet the frontage and lot area requirements of the applicable zone provided that all other applicable provisions of this By-law are complied with. An existing vacant lot having less than the minimum frontage, depth or area required by this by-law may […]

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Extension Outside a Building/New Buildings

A non-conforming use of part of a parcel of land shall not be extended or transferred in whole or in part to any other part of the parcel and no additional building shall be erected upon the parcel while the non-conforming use continues. The exterior of any building or structure, which at the date of […]

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