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HomeMy WebLinkAbout2005-41Ordinance 2005-41 Ordinance Amending Zoning Code to Permit Rebuilding Structures on an Non-conforming Lot ~.- Adopted: December 6, 2005 Effective: December 6, 2005 ORDINANCE 2005-41 ORDINANCE AMENDING ZONING CODE TO PERMIT REBUILDING STRUCTURES ON ANON-CONFORMING LOT WHEREAS, the Town Council of the Town of Pulaski, Virginia has considered the best interests of the public and determined that it is consistent with the general welfare of the citizens to amend Section 607.1-1 regarding rebuilding structures on non-conforming lots; and WHEREAS, the Town Council of the Town of Pulaski has considered the best interests of the community and its citizens and bases the following amendments to the Zoning Regulations and Zoning Ordinance upon the public necessity, convenience, general welfare and good zoning practices; and NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 6t" day of December 2005 that the attached "Addendum to Amendments Ordinance 2005-41" is hereby adopted as if set expressly forth herein. This ordinance is effective upon adoption and is here by adopted this 6t" day of December 2005 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Jeffrey S. Worrell -Aye Daniel Talbert, Jr. -Aye Bettye H. Steger -Aye Lane R. Penn -Aye John T. Bolen -Aye Joel B. Burchett, Jr. -Aye THE TOW OF PULASKI, VIRGINIA By: ~ Ch rles L. Wade, yor ATTEST: ~. Patricia Cruise, Clerk of Council Addendum to Amendments Ordinance 2005-41 Section 607.1-1-"A single non-conforming lot of record at the time of the enactment or amendment of the Ordinance may be used as a building site, provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulation for the district in which such lot is located, except as provided by Section 607.1-2." Section 607.1-2--If any structure or portion thereof on anon-conforming lot, is destroyed by a natural disaster or manmade calamity and where the physical configuration of the non-conforming lot will not permit the district requirements for area, or width, or depth, or setbacks to be met by a new structure, then such new structure may be rebuilt upon the area occupied by all portions of the previous structure. Restoration shall commence within twelve (12) months of the date of casualty and be completed within twenty-four (24) months of the date of casualty. An extension of the twenty-four (24) month deadline for reconstruction may be given by the Zoning Administrator upon the applicant's demonstration of either satisfactory progress of the reconstruction or extenuating circumstances which, in the opinion of the Zoning Administrator, makes necessary an extension of the period allowed for the commencement of and/or completion of the reconstruction. Extenuating circumstances justifying an extension may be economic due to the disaster or calamity and/or legal, or other circumstances beyond the control of the owner." Section 607.1-3-"Variances of yard requirements may be obtained only through appeal to the Board of Zoning Appeals, as outlined in Section 706." I, Patricia Cruise, Clerk of Council, certify that the forgoing Ordinance 2005-41 Ordinance Amending Zoning Code to Permit Rebuilding Structures on an Non-conforming Lot is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on December 6, 2005. .~.. Patricia Cruise, Clerk of Council Tclr/ordinanoelcerci~catirn, Zoos-ai