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2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
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2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
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8/28/2015 3:40:48 PM
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Resolution/Ordinance
Res Ord Num
2009-38
Res Ord Title
AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
Approved Date
5/18/2009
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2. Lawful uses or structures that do not conform to the regulations herein as a result of <br /> changes in district boundaries are also hereby declared nonconforming. <br /> 3. Such non-conforming uses or structures are hereby declared to be lawful and shall <br /> not be required to be altered to conform with such regulations as adopted by the City <br /> of Decatur, provided however, that such uses or structures are restricted and subject <br /> to the requirements defined in this Section. <br /> 4. Whenever a nonconforming use or structure has been changed or improved to a <br /> more restricted state or to a conforming structure or use, such structure or use may <br /> not thereafter be changed to a less restricted or non conforming state unless the <br /> City Council grants a non-conforming use permit. A Non-Conforming Use Permit <br /> may be granted when all requirements described in this Section are met. <br /> 5. The Economic and Urban Development Department shall have the authority to <br /> assign a zoning classification to each non-conforming use. The assigned <br /> classification may be appealed to the City Manager. <br /> B. NON-CONFORMING STRUCTURES <br /> Subject to the following regulations, any structure that lawfully existed bier-to on the <br /> effective date of this Ordinance that does not conform to all provisions herein: <br /> 1. Shall not be extended, enlarged, replaced, reconstructed, moved, or structurally <br /> altered except when required to do so by law or as to conform with the provisions of <br /> this Ordinance. <br /> 2. Notwithstanding the above, an existing nonconforming main building or structure <br /> located in an R-1, R-2, R-3 or R-5 district may be enlarged, replaced or altered, but <br /> only if such change does not lead to an increase in the non conforming nature of the <br /> structure. No such change can be allowed if it would lead to an increase in the <br /> parking requirements for the use or uses unless on-site parking spaces can be <br /> accommodated in accordance with the Ordinance. <br /> 3. In all Districts except R-1, R-2, R-3 and R-5, no changes or structural alterations <br /> shall be permitted which would vary the yard size requirements, setback <br /> re uirements, building height or bulk limitation, or the lot size or coverage limitations <br /> of a building or structure housing a non-conforming use, unless such changes <br /> conform to all the provisions of the zoning district in which such a building is located. <br /> 4. #Any non-conforming building or structure damaged by fire, explosion, flood, <br /> similar act of God or by the public enemy to the extent that the cost of restoration <br /> would exceed fifty (50%) percent of the structure's assessed value at the time such <br /> event occurred, 6UGh non-GGRfGFFninn tr unto m shall not be Feste Fed eXGept in <br /> GGnformaRGe With this QFdiRaRGe. may be restored or reconstructed without <br /> enlargement or extension and used as before such damage, provided: <br /> a. Restoration or reconstruction is completed and the same use resumed within <br /> twelve (12) months from the date of the damage; and <br />
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