Except as hereinafter provided, no building, lot, or parcel of land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered except for a use permitted within the zoning district in which it is located.

It is the intent of this appendix that no more than one principal use structure shall be located on any single subdivision lot plus any permitted accessory structures, except as provided in this appendix. Accessory or detached structures may include functionally independent living quarters, as provided.

§3.03.01

Height of structures. In each district, each structure hereafter erected or altered shall not exceed the height limits specified in this appendix. Height limitations shall not apply to church steeples, barns, silos, farm structures, chimneys, flag poles, public utility poles, radio and television towers and all such structures specifically exempted from local zoning regulations by applicable federal law, cooling towers, water tanks, and similar structures not intended for human occupancy.

§3.03.02

Intensity of use. Each building and lot shall not be used or occupied hereafter by more families or for a higher intensity of use than permitted in the zoning district.

§3.04.01

In residential districts. Accessory structures in residential districts, or any lot used primarily for residential purposes, shall conform to the following regulations:

A.

Accessory structures shall be permitted in the rear yard only except for lake homes to not to obstruct the view. Accessory structures shall not exceed the height of the principal use structure, shall not cover more than 30 percent of the rear yard, and shall be located at least five feet from lot lines.

B.

When an accessory building is attached to the principal building by a breezeway, passage way, or similar means, it shall comply with the yard requirements of the principal building to which it is attached.

C.

On any lot adjoining along its side lot line another lot which is in a residential district, no part of any accessory building shall be located within 60 feet of any front lot line.

§3.04.02

In nonresidential districts. On any nonresidential lot sharing a side lot line with a lot in a residential district, no part of any accessory building shall be located within 50 feet of the property line dividing the non-residential lot and the residentially zoned property. On any lot adjoining along its side lot line another lot which is in a residential district, no part of any accessory building shall be located within 60 feet of any front lot line.

§3.04.03

Minimum separation. Except as herein provided, no accessory building shall be located closer than five feet to a lot line, nor closer than ten feet to a principal building or to any other accessory building on the same lot.

§3.05.01

Minimum lot size. All lots created after the effective date of this appendix shall comply with the minimum lot size requirements for the zoning district within which they are located or as approved the planning and zoning commission in a subdivision plan.

§3.05.02

Yard reduction. Except as herein provided, no lot shall be approved that reduces in area less than the minimum area required under this appendix.

§3.05.03

Minimum frontage. All lots shall have a minimum frontage of not less than 40 feet along a public street or a private street dedicated for public use and constructed in accordance with all applicable city street standards. The minimum required frontage shall be reduced to 35 feet for lots fronting on the turn-about at the end of a permanent cul-de-sac, unless approved by the planning and zoning commission. The reduction of frontage does not apply to the lot sizes or other requirements.

§3.05.04

Creative design. The Planning and Zoning Commission of the City of Heflin encourages distinctive, innovative and unique designs for both residential and commercial developments. While the standards established in this section are the design criteria currently, the board reserves the right to approve innovation and distinct designs that would represent new practices that reflect market appeal while contributing to the overall aesthetics of the community for any zoning district. This would include changes in dimensions.

§3.05.05

The planning and zoning commission, nor the City of Heflin require a subdivision plan for any casual sale of real estate not intended for development of a subdivision.

§3.06.01

Yards and open spaces. In each district, each structure hereafter erected or altered shall be provided with the area specified, and shall be on a lot of the area and width specified in this appendix.

§3.06.02

Yards on substandard lots. Where the owner of a lot or lots, at the time of adoption of this appendix, which are substandard to the requirements of the district in which they are located, such lots may be developed in such a manner as other lots within the same recorded or unrecorded lots have been developed provided:

A.

There exist similar improvements to the proposed improvements in existences on similar lots and no new structures have been placed on similar lots in compliance with this appendix.

B.

That neither side yard shall be reduced to less than five feet.

C.

No building shall be required to set back more than the average of the setbacks of the existing residences within 100 feet each side thereof, but in no case shall the setback of any building hereafter erected or altered be less than 20 feet.

§3.06.03

There is no requirements for open space in any development. However, developers are encouraged to provide open space as an amenity to the development. In no event may open space be considered public property, meaning city ownership, without the expressed consent of the city.

§3.06.04

Every part of a required yard must be open from its lowest point to the sky and unobstructed with the following exceptions;

A.

Sills, belt courses, cornices, eaves, ornamental features, chimneys, awnings, canopies, steps and ramps not higher than 30 inches above grade and similar features may extend into a required yard not more than 36 inches, except as may be required for accessible ramps.

§3.07.01

Properties abutting existing improved public streets. When any required yard abuts a street or roadway with an existing public street right-of-way of 40 feet or more, the setback shall be the standard setback required in that zoning district. The setback shall be measured from the property line.

§3.07.02

Properties abutting dedicated rights-of-way. When any required yard abuts a street or roadway with a dedicated right-of-way (public or private) of less than 40 feet, the setback shall be not less than 20 feet, plus any additional setback required by the minimum dimensional requirements for the applicable zoning district. The setback shall be measured from the centerline of the existing improved roadway. If no improved roadway has been constructed within the right-of-way, then the 20 foot setback shall be measured from the centerline of the dedicated right-of-way.

On lots having frontage on more than one street, the side or rear yard setback along the secondary street shall not be less than the required front yard setback for the applicable zoning district.

No building for human occupancy shall be erected without unrestricted vehicular access to a public street or a private street dedicated for public use and constructed in accordance with all applicable city street standards.

§3.10.01

Height on residential properties. No fences or walls may be erected, placed, or maintained along a side or rear lot line on residentially zoned property, or adjacent thereto, to a height not exceeding six feet above the ground. Fences or walls located in a required front yard shall not exceed a height of four feet and in the first 12 feet from the right-of-way the height shall not exceed three feet.

§3.10.02

Height on nonresidential properties. No fence or wall erected, placed, or maintained along a lot line between non-residentially zoned property shall exceed a height of eight feet. Between non-residential land and residential land landscaping may be placed that exceeds eight feet in height.

§3.10.03

Other than traffic control signs, no fence, wall, landscaping, sign or other visual obstruction is permitted, between the heights of three feet and ten feet above street level, that will obstruct a motorist's line of sight at intersections of streets, driveways or alleys, in accordance with the following or AASHTO Geometric Design of Highways and Streets, latest addition, whichever is more restrictive. Requirements are determined as follows:

A.

At the intersection of two streets; 30 feet from the intersection measured along each curb line/edge of pavement

B.

At the intersection of a street and a driveway or alley: 20 feet from the intersection measured along the curb line/edge-of-pavement and 20 feet along the driveway pavement

C.

At the intersection of a street and a major street or railroad: 20 feet from the intersection mea sured along the curb line/edge-of-pavement of the street and 70 feet along the curb line/edge-of-pavement of the major street or the railroad right-of-way, as applicable

§3.10.04

Prohibited materials. Barbed wire, hog wire, chicken wire, hardware cloth, material not designed for fencing use or metal panels shall not be used as fencing for any residential, industrial or commercial property.

§3.10.05

Prohibited fence. No spite fence of any sort permitted.

§3.11.01

On any corner lot, nothing shall be erected, placed, or grown in such a manner as to limit or obstruct traffic visibility at the street intersection. A clear sight triangle shall be maintained upon such lot, such sight triangle beginning at the intersection of the two lot lines along the street and running along each lot line. Within such sight triangle, nothing shall be erected, placed, or grown taller than a height of three feet above the centerline grades of the intersecting streets.

§3.11.02

No visual obstruction, see §3.10.03.

Storm water runoff from construction sites may be a source of surface water contamination. New development and construction activity must be designed to minimize on-site erosion. The city may request assistance from qualified experts in evaluating the applicant's proposed measures to comply with these requirements.

§3.12.01

Exempt activities. The following activities shall be exempt from these storm water management requirements:

A.

Minor land disturbing activities normally associated with single family uses, such as home gardens, landscaping, building repairs or alterations, swimming pool installation, or other related, low-impact activities.

B.

Construction of a single-family dwelling or installation of a manufactured home.

C.

Agricultural practices or the construction of farm buildings, when conducted in compliance with applicable best management practices.

D.

Private and commercial forestry activities, when conducted in compliance with all applicable best management practices.

§3.12.02

ADEM permit required. Construction projects or land disturbing activities involving one or more acre of land must be approved by the Alabama Department of Environmental Management prior to development, in most instances. Applicants subject to this requirement shall provide evidence that a storm water discharge permit has been issued by ADEM prior to the issuance of a zoning permit by the enforcement officer.

§3.12.03

Tie-in required. All proposed drainage improvements shall tie into any existing man-made or natural drainage ways along the existing streets adjoining the development site. Under no conditions shall storm water drainage be emptied into the sanitary sewer system.

§3.12.04

Basic guidelines. Storm water management measures shall be designed in accordance with all applicable best management practices for the proposed type of construction activity. Appropriate short-term and long-term measures shall be applied to minimize potential erosion of disturbed soils on the development site.

§3.12.05

Creative and innovative polluted runoff management practices. Where feasible and appropriate, proposed developments may incorporate creative and innovative design to minimize the impacts of polluted runoff on the environment. Such design features may include, but are not limited to, undisturbed natural buffers between impervious surfaces and adjoining streams and drainage ways, maximum retention of existing mature trees on building lots, the use of seeded shallow "V" drainage swales (with stabilized cut slopes) rather than concrete curb and gutter, the use of porous pavement surfaces for parking lots, service roads, alleys, and cul-de-sacs, the use of crushed gravel or turf parking areas for small parking lots or spillover parking areas, and the creation of wetlands for storm water detention and retention, and other practices as may be appropriate to address on-site storm water drainage needs. Such creative and innovative design features should be used in the following development settings;

A.

Where they will be compatible with existing off-site storm water management infrastructure improvements serving the drainage basin, and

B.

Where appropriate to adequately and safely accommodate the storm water runoff that would be generated by the proposed level of impervious surfaces without the need for excessive per petual maintenance.

§3.12.06

Storm water management on privately owned common open space lands. Where any storm water manage¬ment improve¬ments are to be constructed on common open space lands within the development, such improvements shall be subject to special maintenance provisions as required in Article V of this appendix. The City of Heflin shall assume no responsibility or liability for the continued, maintenance, improvement, or repair of privately owned storm water management facilities.

§3.12.07

Private placement of storm water piping. All placement of driveway piping are required to have the size approved by the code enforcement officer or for any other piping on the right-of-way of any public city street or road. This is to prevent the placement of undersize piping creating street flooding.

§3.13.01

Introduction. This section directs attention to the aesthetic beauty that good landscaping brings to a community. While attractive building and design are essential the natural beauty of flowers and trees complete the picture and lead to a great first impression of an activity and the community. The use of landscaping within areas defined as buffer zones contributes to a positive assessment of the zone and as a distinguishing characteristic.

§3.13.02

Purpose. Providing guidance on the use of trees and flowers. The use of good landscaping provides an excellent addition to business appearances. A buffer strip between property usage and city entrances and street intersections contributes to the overall effect of good landscaping.

§3.13.03

Scope of this section. This section applies to all zoning districts defined in the ordinance with the exception of any zone that has a landscaping section. In the instance when a particular landscaping use defined for a particular zone, that landscaping requirement will supersede this section, unless except as provided within the section.

§3.13.04

Applicable. This portion of the zoning ordinance applies to all land within the corporate limits of the city. In particular the ordinance applies to all new construction. A landscaping plan is required for all new subdivisions, commercial and manufacturing projects but not to individual home construction unless the home is being constructed by a builder/developer to be sold (spec home). Individuals constructing their own home are encouraged to provide landscaping but are not mandated.

§3.13.05

Plan approval. A preliminary landscaping plan shall be submitted along with the plans for any project. For all projects costing less than $500,000.00 approval may be granted by the enforcement officer or his designee. For all projects costing over $500,000.00 but less than $1,000,000.00 approval may be granted by the enforcement officer with the concurrence of three members of the planning and zoning commission. For projects costing over $1,000,000.00 approval is required by the planning and zoning commission.

§3.13.06

Site development. To the extent possible topsoil when moved during construction should be preserved on the site for later use. Trees are an important part of a landscaping plan, natural trees should be preserved as much possible. Natural growth does not always result in proper spacing or species thus selective cutting may be necessary to improve tree health and aesthetics of the site. The creation of steep slopes should be avoided to prevent unnecessary erosion.

A.

The selection of trees is a critical part of the landscaping plan. Planting distance should be considered in the future canopy development to prevent overlapping and shading which blocks healthy growth.

B.

Water oaks are prohibited on any parking areas, right-of-way, or any other area of public use. Water oaks are very adaptable to wetland areas such as close by stream locations and should be limited to those areas due to the characteristics of the species.

C.

The planting of trees or shrubs in underground utility easements should be avoided to potential root damage or limit access to the lines and pipes of the utility for maintenance purposes.

D.

Within the right-of-way of over-head utility easements, no trees or shrubs should be placed which would require pruning of the utility area.

E.

The use of a wide variety of plant and shrubs is encouraged, however such species not adapt able to the climate of this location should be avoided as are those that are considered invasive species.

F.

Plant materials guidelines:

1)

The planting of canopy trees shall have a caliper of a minimum of two inches and eight feet in height.

2)

The placement of understory trees shall have a minimum of five feet in height and a caliper of at least one and one-half inches at planting.

3)

Shrubs or grasses should be of such species to obtain a height of 24 inches with two years.

4)

Within the planting strips, planting islands, and buffers or like areas those are to be sodded, seeded mulched or planted with shrubs or ground cover so avoid bare ground following the installation of landscaping materials. This area must be maintained and kept free of weeds and other unintended growth.

5)

In locations where buffer strips are required, the landscaping requirements take priority over parking lot plantings.

G.

Trash receptacles are a part of the landscaping plan. A hard surface pad shall be provide for the placement of a trash receptacle, such pad shall be enclosed with a fence or wall of at lease six feet in height and consistent with the appearance of the primary structure. Such wall or fence must totally enclose the pad and shall have a gate that is possible to latch to the extend as meeting the requirements of the trash disposal requirements. The location of the pad should be placed to provide easy access but not disruptive to landscaped areas.

H.

Redevelopment. The requirements for landscaping of an existing site depends on the extent of the redevelopment. A redevelopment of an existing development presents several issues. An existing development in which no change in the building footprint or an increase in size of less than 5,000 square feet will not require any change in the existing landscaping plan. For any change of the footprint greater than 5,000 square feet, see Section §3.13.06 - J.

I.

Landscaping standards are needed for the public right-of-way. Landscaping along the streets and roads into the city project a very positive image of the community. Not all public roads require the same standards to be required. Lot sizes and other physical characteristics of the land influence the standards applied to these areas. In the same manner different requirements are recognized for streets and roadways within the city that are major traffic carrying and secondary streets and roads. While uniformity is desired, the depth of lots and width of frontage require different standards. With lots of varying dimensions and small lots a buffer may limit the utility of the lot, thus the need to consider the negative affect a buffer could cause to the site.

a.

The following standards are established for buffers zones fronting on city streets and roads:

1)

For frontage of less than 120 feet, no buffer is required.

2)

For frontage greater than 120 feet a buffer of six feet is required.

3)

For frontage greater than 150 feet a buffer of eight feet is required.

4)

For frontage greater than 200 feet a buffer of ten feet is required.

5)

For any lot with a depth of less than 120 feet no buffer is required.

b.

Landscaping within the buffer zone may consist of small plants and shrubs, none of which upon maturity exceed 18 inches in height. All plantings shall insure visibility is maintained for safety. If land conditions exist, such as slopes or hills, that would permit taller plants or shrubs so placed not to impede the view, those species would be permitted,

J.

Perimeter standards for landscaping along property lines, as applied to commercial and industrial zones that border residential areas and between properties within those zones.

1)

For sites less than one acre, a buffer-landscaping area a minimum of three feet.

2)

For sites of one acre or more but less than three, a buffer-landscaping area a minimum of five feet.

3)

For sites three acres to five, a buffer-landscaping area a minimum of eight feet.

4)

For sites greater than five acres, a buffer-landscaping area a minimum of ten feet.

5)

The length of each buffer-landscaping area shall be determined by the activity adjoining.

6)

For the rear of the site, the width shall match the width of the frontage area.

7)

Landscaping within the perimeter buffer zone shall be a mix of shrubs and understory trees. The placement of shrubs, hedges and understory trees should not in any manner hinder the view of traffic. For sites less than one-acre understory trees may be omitted.

8)

In some instances, terrain or other features may render the placement of landscaping unreasonable. If such conditions exist no landscaping will be required.

9)

Within the perimeter area fencing or hedge may be utilized. The attempt is to create a screen. In adjoining residential areas the intent is to provide a buffer to afford protection to the residential zone from trash, debris, lighting or other negative influences on the residential zone. If the topography of the buffer zone is of such physical character landscaping may be omitted.

K.

Primary streets and roadways are those that have been identified as being the main traffic arteries of the city. Within those primary roadways are also easements for utilities. In some instances, those overlap the existing road right-of-way to an extent greater than the road right-of-way. This intern creates a potential for an extended buffer for the commercial activity. In those instances, the planning and zoning board may grant an exceptions to the requirements of this section. The board may permit the buffer zone to overlap the right-of-way, thus the required landscaping may remain unchanged.

L.

Special conditions, when in the application of the landscaping and buffer requirements irregular features such as streams, drainage structures, limited frontage, existing streets or similar conditions may be encountered. A special condition may also occur where there has been a sale of land in which a portion of the sale or division results in a tract of land, in dimensions, that may be less than meets the requirements described in this section. In those instances, the planning and zoning board shall grant an exception to the requirements to permit the use of the land. However, the requirements are not totally removed but are to be adjusted to allow as much as possible to meet the intended landscaping or buffer requirements.

M.

Fences and screening are required for some activities. The activities include vehicles that are visibly damaged or being repaired, off road type construction equipment under repair, manu factured homes, recreational vehicles or similar activities. This does not include sales lots in which the sale of such vehicles are offered to the public.

N.

Gas and electric utility meters, air conditioners or similar units shall not be placed fronting on streets and roadways within the city when possible. When those conditions exist, the placement may be in the frontage area but screening is required.

O.

Any type of wire fabric fencing material shall not be used forward of the front area of the primary structure, nor shall the fence exceed four feet in height.

P.

Landscaping in historical districts, when involving with buildings and lots that comprised the original downtown area lack frontage areas for the placement of landscaping and buffer zones, thus landscaping is not required due to the lack of space.

Q.

The owner of property developed in accordance with an approved landscaping or buffer plan shall be responsible for the maintaining the landscaping in good condition. This includes reason able replacement of dead or damaged landscaping items, this includes, grasses, shrubs, canopy trees or understory trees, regardless whether from natural or other causes. The purpose being not to diminish the affect of the landscaped area. Irrigation of landscaped areas is highly rec ommended. Prior to the issuance of a certificate of occupancy the landscaping, buffer, plantings or construction approval must be obtained from the code enforcement officer or the architect, landscape architect, engineer, surveyor, horticulture professional, landscape contractor must certify to the planning commission that the landscaping/buffer has been installed to meet the minimum requirements of this article.

Encouraging innovative, new and special details that contribute and enhance existing styles are desirable features to promote within the community. Defining certain levels of construction contribute to the aesthetic attractiveness of the community. To insure compatibility each proposed plan of development, building or structure shall submit such plan to the planning and zoning commission for review and approval by the code enforcement officer in accordance with the following:

A.

Exterior building materials. Building cladding materials shall be described in the application. Building facades and accessory structures with some visible to the general public shall consist of natural materials such as wood, stone, brick, stucco and architecturally decorative concrete block.

B.

Site design. The site plan shall designate the location on the site plan as well as illustrating on the site plan. Sign materials shall be coordinated with the exterior cladding of the proposed or existing structures, in compliance with the Landscaping criteria defined within Article III.

C.

When the type of design, style, or materials to be used appear to be of such a nature as the application for a particular site, the code enforcement officer may present the plan to the planning and zoning commission for approval.

§3.15.01

Purpose of provisions. Within the zoning districts established by this appendix or by subsequent amendments to this appendix, there exist lots, structures, uses of land and structures, and characteristics of use which were lawfully created, established, or constructed before this appendix was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this appendix or of subsequent amendments. It is the intent of this appendix to permit these nonconformities to continue until they are removed or discontinued, but not to actively encourage their survival.

It is further the intent of this appendix to assure that nonconformities shall not be enlarged, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Nonconforming status runs with the land; a change in ownership or tenancy does not terminate the nonconforming status of a lot and or a structure.

§3.15.02

Incompatibility of nonconforming uses. To avoid undue hardship, nothing in this appendix shall be deemed to require a change in existing building or use of any building upon which actual construction was lawfully initiated prior to the effective date of adoption of or amendment to this appendix. Nonconforming uses are declared by this appendix to be incompatible with the permitted uses in the zoning districts in which they are located. A nonconforming use of land, of structure, or of land and structure in combination shall not be extended, enlarged, or otherwise intensified after passage of this appendix either by additions to any existing structure of the property which would be generally prohibited in the district in which such use is located.

§3.15.03

Avoidance of undue hardship. To avoid undue hardship, nothing in this appendix shall be deemed to require a change in the plans, construction, or designated use of any building upon which actual construction was lawfully initiated prior to the effective date of adoption of or amendment to this appendix.

§3.15.04

Single nonconforming lots. A single lot which does not meet the minimum space and height requirements of the zoning district in which it is located at the effective date of adoption of or amendment to this appendix may be used or sold for the erection of those buildings and accessory buildings necessary to carry out the permitted uses in that district, provided:

A.

Minimum space and height requirements of the lot shall conform as closely as possible to the applicable standards for the district.

B.

Requirements for yards and setbacks, accessory buildings and uses, and off-street parking and loading spaces shall conform as closely as possible to the applicable standards for the district.

C.

Variance for area, dimensional, and other requirements shall be obtained only through action of the board of adjustment as authorized in Article IX, §9.05.03 of this appendix. A variance shall only be required where the proposed structure cannot be designed to comply with the applicable dimensional requirements of the zoning district.

D.

Such lot must not have continuous frontage with other lots in the same ownership that could be combined to eliminate the nonconformity.

§3.15.05

Procedure to cure nonconforming lots. If two or more lots or a combination of lots and portions of lots are contiguous, have continuous frontage, are in single ownership at the time of passage of or amendment to this appendix, and if all or part of the lots do not meet the minimum standards of this appendix, the land involved shall be considered to be a single parcel for the purpose of this appendix. Any existing lot may not be divided in a way that would create a lot that does not comply with the applicable minimum area requirements of this appendix. Nothing in this provision shall be interpreted to prevent the adjustment of an adjoining lot line or the re-subdivision of a lot so combined, where sufficient land area exists to establish more than one conforming lot.

§3.15.06

Nonconforming structures. Where, at the effective date of adoption of or amendment to this appendix, a lawful structure exists that could not be built under the terms of this appendix by reason of not complying with minimum dimensional requirements or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, provided:

A.

Nonconforming structure may not be enlarged or altered in a way which increases its nonconformity, such structure may be altered to decrease its nonconformity.

B.

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to the extent of more than 75 percent of its current replacement value or assessed valuation, at the owners discretion, it shall be reconstructed only in conformity with the provisions of this appendix.

C.

Should such structure be voluntarily relocated for any reason it shall thereafter conform to the requirements or standards for the district in which it is located after it is moved.

§3.15.07

Nonconforming uses of land, structure, or land and structure in combination.s Where, at the time of adoption of or amendment to this appendix, lawful uses of land, structure, or land and structure in combination exist which, under the terms of this appendix, would not be permitted in the zoning district in which they are located, the uses may be continued so long as they remain otherwise lawful, provided:

A.

No such nonconforming uses, nor structures devoted to nonconforming uses, shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption of or amendment to this appendix.

B.

Nonconforming uses or structures devoted to nonconforming uses, shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption of or amendment to this appendix. In the event a movement of the structure would eliminate the nonconformity such movement is acceptable.

C.

Additional structures may not be erected in connection with such nonconforming uses.

D.

If any such nonconforming uses are discontinued for a period of more than six months, any subsequent use of the land and/or structure formerly devoted to such nonconforming uses shall thereafter conform to the requirements or standards specified by this appendix for the zoning district in which such land and/or structure is located.

E.

If any nonconforming use is replaced by a permitted use, any subsequent use of the land and/or structure formerly devoted to such nonconforming uses shall thereafter conform to the requirements or standards for the district in which it is located, and the nonconforming use may not thereafter be resumed. If any noncomforming structure has been impacted by a natural disaster the structure can be replaced by a manufactured home that is less than ten years old.

F.

A nonconforming use may change to a new nonconforming use, provided the new use is more consistent with the permitted uses of the district in which it is located and is less objectionable and generates fewer external impacts on neighboring uses and properties than the previous nonconforming use. In determining whether the new use would be in greater conformity with this appendix, impact criteria such as, but not limited to, the following shall be evaluated:

1.

The degree to which traffic generation and congestion, including truck, auto and pedestrian traffic would be reduced. Or, if the new use would create an external obsolescence to other land uses in the immediate area.

2.

The degree to which external noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, or vibration would be reduced.

3.

The degree to which the nature of the new use or business activity is consistent with other business uses permitted in the district.

G.

Where nonconforming use status applies to land and structure in combination, removal or destruction of the structure to the extent of more than 75 percent of its current replacement value or assessed value shall terminate the nonconforming status of the structure but shall not terminate the nonconforming status of the land.

§3.15.08

Repairs and maintenance.

A.

On any structure devoted entirely or in part to a nonconforming use, work may be done on ordinary maintenance, including remodeling, or on repair or replacement of nonbearing walls, fixtures, wiring, painting, or plumbing, provided the cubic content of the structure, as it existed at the effective date of this appendix or subsequent amendment, shall not be increased.

B.

On any lot devoted entirely or in part to a nonconforming use, work may be performed on ordinary maintenance, repair, or replacement of parking and loading areas, signs, lighting, fences, walls, and related exterior amenities, provided the extent of those amenities shall not be increased or rearranged.

C.

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or exterior amenity declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

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