Jefferson County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XV
Non-Conforming Situations and Vested Rights
Section 400.4820 Definitions.
[Zoning Order §15.010, 4-2-2008]
Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning set forth in this Section when used in this Article.
Includes the placement of construction materials in permanent position and fastened in a permanent manner and within the time requirements elsewhere in the UDO.
The total cost of all intended work and no person may avoid the intent of this definition by doing the intended work incrementally.
The fair market value of the materials and services necessary to accomplish a renovation, repair or restoration.
Whenever this UDO refers to the effective date of this UDO, the reference shall include the effective date of any ordinance that amends this UDO, if the ordinance, rather than this UDO as originally adopted, creates a non-conforming situation.
Repairs or renovation costs that do not exceed fifty percent (50%) of the structural value of a structure or site improvement.
A non-conforming situation exists on the effective date of this UDO when a lot (not created for purposes of evading the restrictions of this UDO) does not meet the minimum area requirement of the applicable zoning district.
Any structure or development that is incomplete on the effective date of this UDO and would be inconsistent with one (1) or more of the applicable zoning district regulations, if completed as proposed or planned.
A non-conforming sign exists on the effective date of this UDO when an existing sign does not conform to one (1) or more of the regulations set forth in Article XIII.
A non-conforming site improvement exists on the effective date of this UDO when a site improvement on a lot, including, but not limited to, parking areas, storm drainage facilities, sidewalks and landscaping, does not conform to one (1) or more of the applicable zoning district regulations.
A situation that occurs when, on the effective date of this UDO, an existing lot, structure or improvement or the use of an existing lot, structure or improvement no longer conforms to one (1) or more of the applicable zoning district regulations.
A primary use of property existing on the effective date of this UDO that occurs when property is used for a purpose or in any manner made unlawful by the use regulations or performance and design standards applicable to the zoning district in which the property is located. The term also refers to the activity that constitutes the use made of the property.
Associated with rebuilding a structure, which could include, but is not limited to: processing insurance claims, soliciting designer to finalize drawings/plans, obtaining building permits, getting bids/hiring a contractor or ordering materials.
The present day value of a structure or its replacement value if destroyed, as determined by a professional estimate or appraisal.
The area of a parcel or lot of record that contains a single zone district designation. A parcel may contain more than one (1) zone lot.
Section 400.4830 Non-Conformities in General.
[Zoning Order §15.020, 4-2-2008]
A.
Within the zoning districts established by this UDO or its subsequent amendment, there exist:
1.
Lots;
2.
Structures;
3.
Uses of structures;
4.
Uses of land;
5.
Uses of land and structures in combination; and
6.
Characteristics of use, which were lawful before this UDO was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this UDO or its subsequent amendment. Such instances shall hereafter be considered lawful non-conformities.
Section 400.4840 General Statement of Intent.
[Zoning Order §15.030, 4-2-2008]
A.
It is the intent of this UDO to recognize the legitimate interest of owners of lawful non-conformities by allowing these lawful non-conformities to continue, subject to the provisions contained herein. At the same time, it is recognized that lawful non-conformities may substantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the same zoning district, property that is itself subject to the regulations and terms of this UDO. To secure eventual compliance with the official Master Plan and with the standards of this UDO, it is necessary to regulate intensity and size of lawful non-conformities and to prohibit the re-establishment of non-conformities that have been discontinued or monitor a change to a more intense use or expansion of a use.
B.
To avoid undue hardship, nothing in this UDO shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the adoption or amendment of this UDO and upon which actual building construction has been carried on diligently. "Actual building construction" is hereby defined to include the placement of construction materials in permanent position and fastened in a permanent manner and within the time requirements elsewhere in the UDO.
Section 400.4850 Lawful Non-Conformities.
[Zoning Order §15.040, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(15.040B), 7-30-2008]
A.
Lots.
1.
Any lot having insufficient area, width or depth for the zoning district in which it is located or insufficient frontage on an improved public or private street of a planned district, or any combination thereof, shall be considered a lawful non-conforming lot only if it was lawfully platted and recorded and on file in the office of the Jefferson County Recorder prior to the adoption of this Article.
2.
On any single lawful non-conforming lot within a zoning district, a structure may be constructed by right provided that the requirements of the zoning district within which the parcel is located are complied with and all appropriate permits are obtained prior to any construction activity.
3.
Further, no such lot or portion thereof shall be used in a manner that will increase its degree of non-conformity.
B.
Structures.
1.
Structures that were lawfully constructed prior to the adoption of this UDO, but which could not be constructed under the terms of this UDO by reason of restrictions on area, lot coverage, height, setbacks (yards), location on the lot or other requirements concerning structures, shall hereafter be considered lawful non-conforming structures. As such, they may continue to exist so long as they remain otherwise lawful, provided that no reconstruction, enlargement or alteration of these structures shall occur that will increase their non-conformity, except as provided for in Section 400.4880 of this UDO. However, any lawful non-conforming structure or portion thereof may be altered to reduce its non-conformity.
2.
Manufactured housing units. A lawfully non-conforming manufactured housing unit may be increased in size, provided, no other non-conformities, such as setback encroachments, height, etc., are increased.
C.
Uses.
1.
Uses of land. Any use of land that would not be permitted under the terms of this UDO, but was lawfully existing at the time of the adoption of this UDO, shall hereafter be considered a lawful non-conforming use of land. As such, it may be continued so long as it remains otherwise lawful and provided that no enlargement, increase or extension of the lawful non-conforming use of land occurs so that a greater area of land is occupied than that which was occupied at the time of the adoption of this UDO and that no additional structures or additions to structures existing at the time of the adoption of this UDO shall be constructed on the same zoning lot. Further, no such lawful non-conforming use of land shall be moved or relocated in whole or in part to any other portion of the zoning lot on which it is located, other than that portion occupied at the time of the adoption of this UDO. If any lawful non-conforming use of land ceases for any reason for a period of more than one hundred eighty (180) consecutive days (except when government action impedes access to the premises), any subsequent use of such land shall conform to the terms of this UDO, except when that use is discontinued as a result of delayed reconstruction as approved in Section 400.4880.
2.
Uses of structures. Any use of a structure requiring, or that would require, a building permit and would not be permitted under the terms of this UDO, but was lawfully existing at the time of the adoption of this UDO, shall hereafter be considered a lawful non-conforming use of that structure. As such, it may be continued so long as it remains otherwise lawful and provided that the structure in which the lawful non-conforming use is located shall not be enlarged, extended, constructed, reconstructed, moved, relocated or structurally altered except in changing the use to a permitted use in the applicable district or as otherwise provided for in this UDO. However, a lawful non-conforming use of a structure may be extended throughout any part of the structure in which it is located where the structure or parts thereof were manifestly arranged or designed for this use at the time of adoption of said UDO, but no lawful non-conforming use of a structure shall be extended to occupy any land outside such structure. If any lawful non-conforming use of a structure is discontinued for any reason for a period of more than one hundred eighty (180) consecutive days (except when government action impedes access to the premises), the structure shall only thereafter be used in conformity with the terms of this UDO.
3.
Uses of land and structures in combination. Any use of land in combination with a structure that would not be permitted under the terms of this UDO, but was lawfully existing at the time of the adoption of this UDO, shall hereafter be considered a lawful non-conforming use of land and structure in combination. As such, it may continue so long as it remains otherwise lawful and provided the use complies with the provisions herein. If any lawful non-conforming of use of land and structures in combination is discontinued for any reason for a period of more than one hundred eighty (180) consecutive days (except when government action impedes access to the premises), the use and structure in combination shall only thereafter be used in conformity with the terms of this UDO.
4.
Characteristics of use. When an otherwise lawful existing use is permitted generally in any given zoning district, but where, due to adoption of this UDO, characteristics such as, but not limited to, required off-street parking, paving of residential driveway, paving of non-residential drive access and parking area, buffers, screening and similar regulations are not provided, such deficiencies attributable to the use shall be considered lawful non-conforming characteristics of use. Said deficiencies shall be brought into conformance when the use they are attributable to is expanded, enlarged or the intensity is increased, even though the use is permitted generally.
Section 400.4860 Change From One Non-Conforming Use To Another.
[Zoning Order §15.050, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
One (1) existing lawful non-conforming use of a structure or land may be changed to one (1) other non-conforming use of the same structure or land with approval by the Director based upon review of the following criteria and when deemed that such a change will not adversely affect the purpose and intent of this UDO. If the Director determines any of the criteria cannot be met or are violated due to the requested change from one non-conforming use to another, then the Director's determination may be appealed to the Board of Adjustment in accordance with the provisions set forth in Section 400.4900 of this UDO for their disposition. The North American Industry Classification System (NAICS) may be consulted to gauge comparative use intensity.
1.
The proposed use is no more intensive than the existing use;
2.
The proposed use occupies no more area of the structure than the existing use;
3.
The proposed use requires no more off-street parking than the existing use as required in Article XII, Table 12-1; and
4.
Existing lawful non-conforming uses of a structure where the owner changes but the same use continues shall be permitted, provided that the new owner shall conform to all limitations and/or characteristics that existed under prior ownership and use of the structure.
5.
Signage (and its structures) for the existing use shall not be changed except in message and text for the proposed use. No additional signage shall be allowed unless it complies with Article XIII.
6.
The proposed use does not change or modify the location of existing parking, stormwater drainage, screening, lighting and access without the approval of a site development plan by the County.
Section 400.4870 Resumption of Lawful Non-Conforming Uses.
[Zoning Order §15.060, 4-2-2008]
Anywhere a lawful non-conforming use is replaced by a permitted use, such lawful non-conforming use shall not thereafter be resumed.
Section 400.4880 Reconstruction of Certain Lawful Non-Conforming Structures.
[Zoning Order §15.070, 4-2-2008]
Should any lawful non-conforming structure be destroyed by any means to an extent of more than fifty percent (50%) of its structural value at the time of destruction, it may only be reconstructed in conformance with the provisions of this UDO. However, lawful non-conforming structures that are single-family detached dwellings, duplexes or town houses of not more than two (2) laterally attached single-family dwellings or multi-family dwellings/town houses not exceeding four (4) units may be reconstructed to their former condition, dimensions and location on the lot provided that the destruction was caused by an accident or act of God occurring after the adoption of this UDO and such reconstruction does not increase the degree of non-conformity that existed prior to the destruction. Reconstruction of a lawful non-conformity, where permitted, must commence within one hundred eighty (180) days of destruction, provided however, the Director may grant an extension when extenuating circumstances warranting an extension exist. In those instances where reconstruction does not commence within this limited time frame, the non-conformity will be considered abandoned and the structure shall only be reconstructed as a permitted use.
Section 400.4890 Prohibition On The Re-Establishment of Non-Conforming Uses and Structures in Combination.
[Zoning Order §15.080, 4-2-2008]
Where non-conforming status applies to a use and structure in combination and where removal or destruction of the structure was caused by an accident or act of God after the adoption of this UDO and where removal or destruction exceeded fifty percent (50%) of its structural value, the structure may be reconstructed in accordance with Section 400.4880. As long as there are efforts to reconstruct the lawful non-conforming structure within the terms of Section 400.4880, the lawful non-conforming use will remain valid.
Section 400.4900 Appeals.
[Zoning Order §15.090, 4-2-2008]
Appeals from an administrative decision related to this Article shall be made to the Board of Zoning Adjustment in accordance with Article XVII of this UDO.
Section 400.4910 Completion of Non-Conforming Projects - Vested Rights.
[Zoning Order §15.100, 4-2-2008]
All non-conforming projects with respect to which a permit was issued prior to the effective date of this UDO may be completed in accordance with the terms of their permits, so long as those permits were validly issued, remain unrevoked and unexpired.
Section 400.4920 Exception For Residential Non-Conforming Use.
[Zoning Order §15.110, 4-2-2008]
Any structure conforming with the requirements of Article V, other than use, and maintained as a non-conforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create non-conformities.
Section 400.4930 Repair, Maintenance and Restoration.
[Zoning Order §15.120, 4-2-2008]
Minor repairs to and routine maintenance of structures and property, where non-conforming situations exist, are permitted and encouraged. No increase in the building footprint area shall be permitted. Major renovation of the structure (i.e., work estimated to cost more than fifty percent (50%) of the structural value) shall not be permitted.
Section 400.4940 Burden To Establish Entitlement of Continuation.
[Zoning Order §15.130, 4-2-2008]
The burden shall be on the landowner or his/her authorized agent under contract to provide information and records to the County and to establish entitlement to continuation of non-conforming situations or completion of non-conforming projects. The County will determine entitlement of continuation.
Section 400.4950 Non-Conforming Signs.
[Zoning Order §15.140, 4-2-2008]
A.
Continuance Of Non-Conforming Signs. Subject to the restrictions of this Section, non-conforming signs, which were otherwise lawful on the effective date of this UDO, may be continued.
B.
Prohibition On Expansion Of Non-Conforming Signs. No person may engage in any activity that causes an increase in the extent of non-conformity of a non-conforming sign. Without limiting the generality of the foregoing, no non-conforming sign may be enlarged or altered in a manner that aggravates the non-conforming condition, nor may illumination be added to any non-conforming sign.
D.
Maintenance And Repair. Subject to the other provisions of this Section, non-conforming signs may be maintained and repaired so long as the cost of the work within any twelve (12) month period does not exceed fifty percent (50%) of the replacement value of the sign. No such work shall be done until the person proposing to do the work first submits the information required and the Director determines that the cost of the work will not exceed fifty percent (50%) of the value of the sign. Estimates for the cost of work must be based on detailed, professionally prepared bids and must be obtained from at least two (2) general contractors and submitted to the Director for review.
F.
Non-Conforming Billboard. If a non-conforming billboard has deteriorated to the point that any supporting part, member or portion has less than fifty percent (50%) of the strength required by the Jefferson County Building Code for newly constructed structures of the same type, then that billboard shall be deemed abandoned and within thirty (30) days after the abandonment shall be altered to comply with this Subsection and all applicable provisions of Article XIII or be removed by the billboard owner, owner of the property where the billboard is located or other person having control over the billboard. Failure to remove the abandoned sign shall be a violation of this UDO. Subject to the other provision of this Section, non-conforming billboards may be maintained and repaired so long as the cost of the work within any twelve (12) month period does not exceed fifty percent (50%) of the replacement value.