03-24-1994 Public Hearing and Regular Meeting ZBOA

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Page 3 of 8 Board of Adjustment Staff Report of 3-24-94 #A93-004 Paragraph 1 of Section 4-202 reads as follows: "Any non-conforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the non-conforming use on the effective date of any amendment by which the use becomes non-conforming, but such land or floor area shall not be increased, except that such limitation shall not apply for farming uses." Paragraph 3 of Section 4-201 reads, in part, as follows: "ll a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions herein. . . . . . " Section 4-202 deals with "use". Section 4-201 deals with "structures". This is an important distinction. There is no conflict between these sections. When looked at as a whole, Section 4-202 includes regulations for continuation, alteration and abandonment of non-conforming uses. It does not deal with the issue of non- conforming structures. Section 4-201 does however, deal with issues pertaining to non-conforming structures including, as noted in the quoted paragraph, accidental destruction of a structure. By quoting this paragraph out of context, the applicant's attorney has attempted to create the appearance of conflict between ordinance sections. There is no conflict. Since the Building Official's decision was specifically to deny a permit for replacement of a non-conforming structure, it will be useful to examine Section 4-201 in a broad fashion rather than focusing on a single sentence. Section 4-201, in Paragraph 2, provides protection for legally established non-conforming structures. Specifically, "subject to all limitations, herein set forth, any non-conforming structure may be occupied and operated and maintained in a state of good repair ...." The H.D.D. Code manufactured home at 230 Dwire was, under these provisions, afforded the status of a protected non-conforming structure from the date of Bay M.D.D. annexation until the July 1993 fire. It is important to note that the Zoning Ordinance does not arbitrarily require elimination of a non-conforming structure if it suffers minor or even fairly significant damage.