(a)

Property uses that are not in compliance with applicable provisions of this division may continue, subject to the following conditions:

(1)

The property owner can prove that the use was legally established and in place prior to the adoption of this division.

(2)

The use predated the sections of this division which render the use nonconforming.

(3)

The nonconforming use is not discontinued or interrupted for a period of more than one year.

(4)

The nonconforming use has not had a documented history of being classified as a nuisance.

(5)

The expansion of a building containing a nonconforming use may be altered or expanded, subject to the provisions of section 38-571. Ordinary maintenance and repair of the building is allowable.

(6)

When a structure or a building containing a nonconforming use is damaged by fire, explosion, act of God, or public enemy to the extent that more than 50 percent of its building footprint is permanently destroyed, it shall not be restored except in compliance with division 22 of this article, or upon the issuance of a conditional use permit. In addition to the standards generally required for a conditional use permit, the zoning committee shall also consider the hardship to the applicant and feasibility of requiring that restoration conform to this division.

(7)

Any expansion of a nonconforming use activity shall require a conditional use permit.

(8)

A nonconforming use which is changed to a conforming use shall not revert to nonconforming.

(b)

Classification of a nonconforming use under this section does not eliminate the necessity for issuance of a zoning permit or other permits as required in section 38-745 for activities specific in that section, as requiring permits.

(Code 2000, § 38-530; Res. No. 47-17, 6-20-2017)

(a)

Purpose. It is the intent of these provisions to balance the public objectives of this division with the interests of owners of nonconforming structures by:

(1)

Treating structures which are most nonconforming and therefore most contrary to the objectives of this division more restrictively than structures which are more nearly in compliance with provisions of this division; and

(2)

Allowing for the improvement or expansion of principal structures essential to the reasonable use of a property provided the adverse effects of such improvement or expansion are adequately mitigated.

(b)

General repair, maintenance, expansion or enlargement of structure.

(1)

Any repair, maintenance, renovation, rebuilding or remodeling of a nonconforming structure or any part of nonconforming structure is allowed within the same structure envelope as long as a permit is obtained (if required) prior to the activity taking place.

(2)

Nonconforming structures may be expanded, provided that the lifetime total of all expansions is limited to 50 percent of the structure's area which existed at the time the structure became nonconforming.

(3)

A structure that is nonconforming as to structural or dimensional standards may not be expanded or enlarged so as to increase its dimensional nonconformity. Where practicable, additions to nonconforming structures shall conform to all applicable provisions of this division.

(Code 2000, § 38-531; Res. No. 47-17, 6-20-2017; Res. No. 1-19, 2-19-2019)

The following temporary uses may be established in an area from which they otherwise excluded by the regulations of this division:

(1)

A house trailer or mobile home to be occupied by an owner or builder while residential construction is in progress, except in residential districts. Permits for such uses shall be required. The permit shall allow the temporary use for a period of one year. Extensions of the use beyond one year shall require a conditional use permit.

(2)

For the placement of temporary living quarters or other necessary structures involved in logging operations or utility and construction operations, placement not to exceed one year, except by the granting of a conditional use permit.

(Code 2000, § 38-532; Res. No. 47-17, 6-20-2017)