Nonconforming Use Jefferson County (UDC as of 04/28/10)





"Alteration, nonconforming structures" means any change or rearrangement in the supporting members of existing buildings, such as bearing walls, columns, beams, girders, or interior partitions, as well as any changes in doors, windows, means of egress or ingress or any enlargement to or diminution of a building or structure, horizontally or vertically, or the moving of a building from one location to another. This definition excludes normal repair and maintenance, such as painting or roof replacement, but includes more substantial changes.










"Alteration, nonconforming use" means the expansion, modification or intensification of a use that does not conform to the land use regulations of the UDC.











"Existing use" means the use of a lot or structure or improvements at the time of the enactment of the Unified Development Code (this code), unless otherwise specified.










Expansion, Nonconforming Use. (See "Intensification, nonconforming use.")















"Intensification of nonconforming use" means any increase or expansion in the quality or quantity of products, goods, services, structures or adverse impacts upon parcels within the vicinity of the nonconforming use produced, generated, served, created or performed at the site of the legal nonconforming use by the owner or occupant of that legal nonconforming use.








            This section is a loose cannon...if you own a business/house in a nonconforming area, you can't even alter, add goods or services without violating the current code.  At    that point, you become a illegal non-conforming.  An illegal- non-conforming business/property owner, because you had an increase in sales.  My goodness gracious, who          made this stuff up? So under this definition, if you started using your restroom more frequently it would be classified as an intensification.  This gives the commercial "going     more frequently" a new perspective. -  Joe D'Amico



"Nonconforming" means a use, structure, site, or lot which conformed to the applicable codes in effect on the date of its creation but which no longer complies because of changes in code requirements. Nonconformity is different than and not to be confused with illegality (see "Illegal use"). Legal nonconforming lots, structures, and uses are commonly referred to as "grandfathered."










"Nonconforming lot" means a lot of record in existence prior to the effective date of the ordinance codified in this Unified Development Code and any amendments thereto, which does not meet the minimum lot size and other requirements as set forth in this code.















"Nonconforming structure" means a structure which does not conform to the dimensional regulations, including but not limited to setback, height, lot coverage, density, and building configuration regulations of the land use district in which it is located due to changes in code requirements. (See also "Alteration, nonconforming structures.")















"Nonconforming use" means a use of a structure or of land which does not conform to the regulations of the land use district in which the use exists due to changes in code requirements. (See also "Alteration, nonconforming use.")










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        May 11, 2010, DOE Shoreline Master Program written comment deadline...send your comments to Mr. Jeffree Stewart, Regional Planner for DOE Email:

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