Zoning Provisions Encyclopedia

Chapter: Non-conformity

Extension Within Building

A non-conforming use of part of a building may be extended throughout the building, but the building, whether or not it is a non-conforming building, shall not be enlarged or added to and no structural alteration shall be made therein.

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Floor Area Less Than Required

Nothing in this By-law shall prevent an extension or an addition being made to a permitted dwelling house, which dwelling house existing at the time of passing of this By-law but which has a gross floor area or dwelling unit area less than required by this By-law provided such extension or addition does not contravene […]

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Lot Area Reduction

No part of any existing lot shall be reduced in area or frontage by the conveyance or alienation of any portion of the lot so as to create a situation of non-conformity or increase the degree of non-conformity with this By-law, except where any such a reduction is caused by the conveyance or acquisition of […]

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Non-conformity Created By Public Acquisition

No person shall be deemed to have contravened any provision of this By-law by reason of the fact that any part or parts of any lot has or have been conveyed to or acquired by any Public Authority. Any property, lot or structure which is rendered non-conforming by the action of a governmental agency in […]

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Permitted Interior Alteration

The interior of any building or structure, which at the date of passing of this By-law was lawfully used for a purpose not permitted within the Zone in which such building or structure is located, may be reconstructed or structurally altered, in order to render the same more convenient or commodious for the same purpose […]

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Rebuilding After Damage

If a non-conforming building is damaged or destroyed by fire or other causes to an extent of more than 75% of the value of the building above its foundation, the building shall not be repaired or rebuilt except in conformity...

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Residential Uses In a Non-residential Zone

Nothing in this By-law shall apply to prevent the alteration and/or extension of a residential building existing at the date of passing of this By-law in any non-residential zone provided that the number of dwelling units is not increased and provided further that such alteration does not contravene any of the provisions of this By-law […]

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Time Limits on Non-conforming Use

The nonconforming use of land where no main building is involved, legally existing at the time the 1962 ordinance becomes effective, may be continued for a period not to exceed five years from the date notice is given to the owner of record by mailing to the address shown by County Assessor’s records and recording […]

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