3.1.

Nonconforming uses and structures.

1.

Purpose and intent. The purpose of a zoning ordinance is to have orderly use of property. Nonconforming uses that existed legally prior to June 1987 (hereinafter the "adoption") or change of a zoning ordinance create land uses that do not conform to the zoning ordinance. It is the purpose of this nonconforming use provision to allow legally existing nonconforming uses to be retained with certain limitations to protect adjacent property owners and the public from the inconsistencies created by nonconforming uses, but it is the intent that over time all nonconforming uses will be eliminated or brought to conform with this chapter.

2.

Single family residential exemption. A single family residential dwelling unit that is being continuously used for residential use may be rebuilt, enlarged, and improved to the extent that such rebuilding, enlarging, and improvement does not violate an existing fire, safety, or health standard or ordinance shall be exempted from the requirements of this section.

3.

Continuance of nonconforming uses. A nonconforming use of a building, structure or land that was legal prior to the enactment of the adoption of the zoning ordinance shall be allowed to legally continue even though such use does not conform with the provisions of this chapter, subject to the following:

(a)

The nonconforming use cannot be expanded to occupy a greater area of land or building area.

(b)

The nonconforming use may continue only in the original building structure or land area that was originally occupied by the nonconforming use.

(c)

The nonconforming use of the building, structure or land cannot be intensified or escalated, for example, by increasing the number of deliveries, employees or customers coming to the nonconforming use, or noise, dust, fumes or other pollutants emanating from the nonconforming use.

(d)

A nonconforming use cannot be reinstated after it has been abandoned for a 12-month period of time. It shall be prima facia evidence of abandonment for the owner and/or operator of the nonconforming use to discontinue the nonconforming use for 12 months, to fail to obtain a new or renew an existing business license/occupational tax certificate, or like permit as required under the this Code for the operation of such nonconforming use, or to fail to declare and remit the sales tax required by state law for the nonconforming use.

(e)

Failure to follow any other state, federal or local administrative procedure or regulation that is required for the nonconforming use shall be prima facia evidence of abandonment.

(f)

A nonconforming use cannot be changed to another nonconforming use.

(g)

A nonconforming use must maintain any screening or buffering that existed prior to the use becoming a nonconforming use or that was later voluntarily added.

(h)

A use that constitutes a nuisance as defined by state law is not and cannot become a nonconforming use.

4.

Continuance of nonconforming structure or building. A building or structure that is nonconforming or that contains a nonconforming use at the time of enactment of the ordinance from which this chapter is derived or at the time of enactment of an amendment to this chapter may be retained, except that it shall not be:

(a)

Enlarged, altered or rebuilt, except for repairs necessary to maintain the structure or building in a safe and sanitary condition.

(b)

Rebuilt, altered or repaired so as to expand the structure or building to occupy a greater area of land or building area.

(c)

A building or structure may be rebuilt, altered or repaired if done in compliance with subsection (b).

5.

Nothing in this section shall be construed to allow a use that is dangerous to the general public to continue to exist. This section shall also not be construed to not require changes to buildings or structures to comply with any fire code, safety code, or other safety ordinance or regulation.

6.

To protect the public from inconsistent zoning requirements and to make nonconforming uses as consistent with conforming uses as possible, nonconforming uses must comply to the extent feasible with zoning requirements such as parking, landscaping, setback, outside storage, screening or buffering requirements for the zoning district or use which may be enacted and do not substantially impact the nonconforming use or nonconforming structure.

7.

Screening. Automobile wrecking and junk yards may continue when screened with a solid fence, wall, or natural screening having a height of at least six feet or that such height as will screen all junk or other materials or vehicles from the view of any adjacent property -owner or from any public road provided that such fence be at least ten feet from any street right-of-way or any zone district boundary. Screening shall shield or obscure one abutting or nearby structure or use from another by opaque fencing, walls, berms, or densely planted vegetation. A fence shall be considered a structural barrier that encloses, screens or demarcates or presents a solid face among or between its constituent members; also, a wall separate from or extending from a building. Affected property owners shall be required to conform to the screening requirements of this section by December 31, 2000.

3.2.

Reserved.

3.3.

Discontinuance of junk yards. All existing non-conforming junk yards shall be made to conform with the provisions of this chapter with regard to screening or be discontinued.

3.4.

Restoration to a safe condition. Nothing in this chapter shall be construed to prevent the director of community development of the county from requiring the restoration of any building to a safe or sanitary condition pursuant to any applicable federal, state or local law.

(Ord. of 7-14-98(2), § 3.0; Res. of 9-25-00(1); Ord. of 8-4-20(1), § 1)