The purpose of this article is to regulate, limit, and eventually eliminate the continued existence or expansion of any legal nonconforming (grandfathered) uses and structures put into use in accordance with the codes current at that time, or any nonconforming uses or structures established prior to, or after, the effective adoption date of these current regulations (or any amendment subsequent thereto). Any legal nonconformity created in compliance with the previous codes and any nonconformity created by these current regulations shall be regulated by the provisions of this article. Many nonconformities may continue but the provisions of this chapter are designed to minimize and eventually eliminate these nonconformities, so as not to deleteriously impact surrounding conforming properties and preserve the integrity of the area where they exist, and the intent of this chapter.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

Nonconforming uses, buildings, or structures are declared to be noncompliant with the current and permitted development regulations in the districts where they are located.

B.

However, to avoid undue hardship, the lawful use of any such use, building, or structure determined to be nonconforming by the enactment, amendment, or revision of these current regulations may be continued (grandfathered) as a legal nonconformity, with the following exceptions:

1.

Existing scrap (junk) and waste yards shall meet in full the screening requirements of section 14.08-4.020(A). (Any active motor vehicle parts establishment which existed prior to the adoption of these current regulations that is primarily engaged in the dismantling of motor vehicles for the purpose of selling their parts and of which 75 percent of the income is derived therefrom, shall not be considered a scrap (junk) or waste yard for the purposes of this section.) The county shall have the right to request whatever documentation it deems necessary to administer this provision.

2.

All new outdoor kennels, and those existing prior to the adoption of these current regulations shall meet in full the kennel requirements of section 14.08-3.020(C).

(Ord. No. 22-O-05, § 2, 5-3-2022)

A proposed change or modification to a nonconforming use shall be governed by the following:

A.

Change of nonconforming use.

1.

If a change from one nonconforming use to another nonconforming use is proposed and no structural alterations or additions are involved, the change may be permitted, provided:

a.

Nonconformity of dimensional requirements such as height, density, setbacks, or other requirements such as off-street parking and outdoor storage shall not be increased; and

b.

The proposed change will have little discernible impact over the existing nonconforming use.

2.

If a change to a permitted use is proposed which is nonconforming only as to dimensional requirements such as height, density, setbacks, or other requirements such as off-street parking, the change to a permitted use may be allowed, provided that all applicable requirements that can be reasonably complied with are met, and the change will have little discernible impact over the nonconforming use.

3.

Compliance with a requirement for a change to a permitted use is not reasonably possible if it cannot be achieved without adding land to the lot of the nonconforming use or moving the use if it is on a permanent foundation.

4.

Whenever a nonconforming use of land or building has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.

B.

Enlargement or expansion of nonconforming use. Since the intent of this chapter is to limit and eventually eliminate nonconforming buildings, uses, or land, the enlargement or expansion of a nonconformity shall not be permitted without approval from the ZBA as a variance to bring the nonconformity into conformance. The hardship explaining why the variance is required is key in helping the ZBA understand the undue hardship created for the applicant, which does not allow them to do what other property owners in the district are allowed to do. If the hardship does not justify the variance, staff will be unable to recommend the ZBA approve the variance request.

C.

Repair or alteration of nonconforming use, buildings or structure. The repair or alteration of a nonconforming use shall in no way increase the nonconformity of said use, except as otherwise permitted by subsection B of this section.

D.

Replacement of nonconforming use or structure.

1.

A building permit for the replacement of a nonconforming building or structure or a building or structure containing a nonconforming use, where damaged or destroyed by fire or other natural disaster, must be initiated within six (6) months from the time of the damage or destruction, or forfeit the right of replacement.

2.

Replacement of a nonconforming manufactured home, where a manufactured home use is not permitted, shall be accomplished within 30 days of removal, or forfeit nonconforming status, and if replaced shall not infringe on established setbacks, and shall meet in full the requirements of section 14.08-3.020(Q).

(Ord. No. 22-O-05, § 2, 5-3-2022)

If a nonconforming use is discontinued and/or abandoned for a continuous period of more than six months, including any period of discontinuation before the effective date of adoption of these regulations, then that use shall not be renewed or reestablished and any subsequent use of the lot or structure shall be in compliance with these regulations.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

A nonconforming lot that exists prior to the adoption of these regulations may be built upon provided that the use of the land is in accordance with this chapter and all setbacks for the zoning district are met.

B.

Where the owner of a nonconforming lot does not own sufficient land to meet the setback requirements for the zoning district, such lot may be developed provided the minimum setbacks are not reduced by more than 25 percent. Setback reductions greater than 25 percent shall be referred to the ZBA for consideration. If, however, the owner of two or more adjoining lots with insufficient land dimensions decides to build on or sell off these lots, they must first be combined or summary plat into one lot of record, to bring the lot into compliance with the dimensional requirements of this chapter.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

The lawful use of any permanently mounted sign existing at the time of adoption of these regulations may be continued, except those declared abandoned or dilapidated, which shall be removed or have remedial action taken upon notification by the director.

B.

Any existing sign which is subsequently abandoned, or damaged to more than 60 percent of its replacement cost, shall be removed or brought into conformance with this chapter.

C.

An order under this section shall be issued in writing to the owner or responsible party of any such sign to comply within 30 days' time. Upon failure to comply with such notice, the director may cause the sign to be removed and any costs of removal incurred in the process may be collected in a manner prescribed by law.

(Ord. No. 22-O-05, § 2, 5-3-2022)

In accordance with article 14.08-4, certain uses are required to provide and maintain buffering and/or landscaping on-site. The following shall apply to nonconforming buffering and landscaping:

A.

Expansions of an existing use in building area, parking or loading area, or activity by more than 20 percent, which is deficient in landscaping and/or buffering, or any change in principal use cannot occur without the required screening and/or landscaping having first been installed to current codes.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

On any lot which contains a use which does not comply with the off-street parking and loading regulations contained in article 14.08-5, no expansion or change of use shall be approved (except as herein provided), until the requisite number of off-street parking spaces and all paving requirements have been met.

B.

A zoning permit may be issued when a change of use and the number of off-street parking spaces required for the new use (per article 14.08-5) are within ten percent of the number of existing spaces provided. Such relief may be granted on a one-time basis per lot, and for unpaved lots, the additional parking spaces shall have a graded gravel, crushed-stone or similar dust-reducing surface.

(Ord. No. 22-O-05, § 2, 5-3-2022)