This site is under active development. Got it!

MapLink™ | Procedures | Reinstatement of Nonconforming Use Rights

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Accept
Back
Reinstatement of Nonconforming Use Rights
Description An owner and/or operator of a nonconforming use that has been deemed permanently abandoned may request that the nonconforming rights to the use be reinstated pursuant to § 1.7.10 of the zoning code.

Criteria In making its decision, the Board of Adjustment shall consider the following criteria:
1. The proposed change in nonconforming status results in greater conformance with the Comprehensive Plan;
2. The proposed change in nonconforming status results in greater conformance with this zoning ordinance such that the nonconforming use or structure can eventually come into full compliance with this zoning ordinance;
3. The degree of the proposed request is the minimum amount necessary; and
4. Granting the application shall not result in greater harm to adjacent and neighboring land uses than the original nonconformity.

Decisionmaker Board of Adjustment

Appeals The Board of Adjustment's decision can be appealed to the circuit court.
Application Fee
There is no fee
Submittal Deadline
Application submittals and resubmittals may be submitted through the Online Application Portal (i.e. Citizen Self-Service Portal) any time during the week until 5 p.m. on Thursday. Any application submitted after 5 p.m. on Thursday will be placed on the next week's submittal list. Only the applications received by 5 p.m. on Thursday that include all required materials will proceed through the review process.
Frequently Asked Questions
View all Frequently Asked Questions
About Reviewers
The following are involved in the review of this type of application.

The Board of Adjustment is comprised of five regular members with two alternates and hears and determines appeals of administrative decisions, petitions for variances, and other matters as may be required by the Town Council or by law.

Planning staff provides technical support to the Town Council, Planning & Zoning Commission, Board of Adjustment, developers, neighbors, and other interested parties to facilitate the development review process.