C.M.R. 18, 134, ch. 1, § 134-1-1, subsec. 134-1-1-2

Current through 2024-51, December 18, 2024

Subsection 134-1-1-2 - Non-Conforming Uses and Designs

A. Continuance of Non-Conforming Uses and Designs

(1) The use and design of buildings or structures lawful at the time of adoption or subsequent amendment of these regulations may continue, although such uses and designs do not conform to the provisions of these regulations.

(2) Non-conforming uses of structures may be continued but the area of non-conforming uses may not be extended or expanded except in conformity with these regulations.

(3) Non-conforming uses and designs, if damaged or destroyed by fire or other natural disaster, may be replaced, reconstructed or reutilized in the same shape, size, design and manner within one (1) year.

(4) A non-conforming use may not be changed to another non-conforming use without approval of the Commission. The Commission may grant approval only upon a determination that the proposed use is substantially similar in type, character, and scope to the existing non-conforming use, and that the new non-conforming use is consistent with the policies of the Commission as outlined in the enabling statute.

B. Discontinuance of Non-Conforming Uses

A non-conforming use which is discontinued for a period of one (1) year may not be resumed. The uses of structures shall thereafter conform to the provisions of these regulations.

C. Rule of Precedence

Whenever a non-conforming use or design of a structure is superseded by a permitted use or design, such use or design shall thereafter conform to these regulations and the non-conforming use or design may not thereafter be resumed.

D. Transfer of Ownership

Ownership of land and structures which remain lawful but become non-conforming by the adoption of these regulations or amendments to these regulations may be transferred and the new owner may continue the non-conforming use and design subject to the provisions of these regulations.

E. Applications for Building Permits

Nothing in these regulations shall require any change in the use or design of any building or structure or part thereof for which a building permit has been issued by the City of Augusta, provided construction shall start within sixty (60) days after issuance of any such permit; or upon which construction commenced prior to the adoption or amendment of these regulations.

F. Buildings used for Residential Purposes

These regulations shall not apply to the erection, reconstruction or repair of any building which is used for residential purposes and does not exceed eight (8) dwelling units. (These regulations shall apply, however, to constructions of multiple excepted dwelling units on contiguous parcels of property).

C.M.R. 18, 134, ch. 1, § 134-1-1, subsec. 134-1-1-2