Within the zoning districts established by this UDO or previously existing regulations, there are lots, structures, uses and characteristics of uses that were lawful prior to the effective date of this UDO that would now be prohibited, regulated, or restricted under the provisions of this UDO and any subsequent amendment. These instances shall hereafter be considered lawful nonconformities.

It is the intent of this article to recognize the legitimate interest of owners of lawful nonconformities by allowing these instances to continue, subject to the provisions contained herein. It is also recognized that nonconformities may adversely and substantially affect the development, maintenance, use, and taxable value of other properties subject to the regulations of this UDO. Therefore, it is necessary to provide regulations for the continuance of nonconformities, but to prohibit the re-establishment of certain nonconformities that have been discontinued.

(Ord. No. 8804, § I, 4-11-05)

Any lawfully existing structure or use that does not conform to the regulations of the district in which it is located shall be considered nonconforming and shall be subject to the provisions of this article. Nonconforming signs shall be subject to the provisions of Article XV of this UDO.

(Ord. No. 8804, § I, 4-11-05)

(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 or any combination thereof, shall be considered a lawful nonconforming lot if it was platted and recorded prior to the effective date of this UDO.

(2)

No nonconforming lot, or any portion thereof, shall be used or sold in a manner that would increase its degree of nonconformity.

(Ord. No. 8804, § I, 4-11-05)

Structures lawfully constructed prior to the effective date of this UDO, but which could not be constructed under the terms of this UDO by reason of restrictions on height and area regulations shall be considered lawful nonconforming structures. The use of these lawful nonconforming structures may be continued so long as they otherwise remain lawful and no other reconstruction, enlargement, or alteration increases the degree of nonconformity. A nonconforming structure may be altered to reduce the nonconformity.

(Ord. No. 8804, § I, 4-11-05)

Any use of land or structure lawfully existing on the effective date of this UDO or amendment of this UDO, but which would not be permitted under the provisions of this UDO, shall be considered lawfully nonconforming. This use may be continued so long as it remains otherwise lawful and is not enlarged, extended, moved, relocated, or altered in a way to increase the degree of nonconformity.

(Ord. No. 8804, § I, 4-11-05)

(1)

Any structure or use made nonconforming by the adoption or subsequent amendment of this UDO shall be allowed to continue without interruption or alteration subject to the provisions of this article.

(2)

Structures that do not conform to the height and area regulations for the district in which it is located may be altered or enlarged only if changes are made in conformance with the provisions of this UDO, unless determined by the director to be ordinary maintenance.

(3)

If a natural disaster, fire, or casualty, damages any nonconforming structure equal to fifty (50) per cent or less of its current taxable value, it may be rebuilt in its nonconforming nature within twelve (12) months of the damage. Any building damaged greater than fifty (50) per cent of its current taxable value shall only be rebuilt within the current regulations and restrictions of the district in which it is located.

(4)

The nonconforming use of a nonconforming structure may be changed to a permitted use without affecting the nonconforming nature of the structure. However, all provisions of this article shall still apply to the structure.

(5)

A nonconforming use may be expanded within an existing structure only without structural alterations. At such time as structural alterations are made, both the structure and the use of the structure shall be in compliance with the provisions of this UDO and the district in which it is located.

(Ord. No. 8804, § I, 4-11-05)

(1)

A nonconforming structure or use under the previously existing regulations, which exists on the effective date of this UDO, shall not be in conformance solely by reason of the adoption of this UDO and shall remain nonconforming until the time that the structure or use is in full compliance with the provisions of this UDO.

(2)

Whenever a nonconforming use is superseded by a permitted use, the lawful nonconforming use shall not be resumed.

(3)

Nonconforming structures with uses not conforming to the district in which they are located, shall not be altered or enlarged unless both the structure and the use are made to comply with all provisions of this UDO and the district in which they are located.

(4)

A nonconforming structure intended for a use not in compliance with this UDO that was vacant for the one hundred eighty (180) consecutive days prior to the effective date of this UDO shall not be used for any use other than those permitted within the district in which the structure is located.

(5)

The nonconforming use of a structure intended for a use permitted in the district in which it is located may not be expanded or changed to another nonconforming use.

(6)

Any nonconforming use, which is located in a structure otherwise intended for a use permitted within the district it is located, which is stopped for the one hundred eighty (180) consecutive days prior to the effective date of this UDO shall not continue unless made to comply with the provisions of this UDO.

(7)

A nonconforming use of land shall not be expanded beyond the area it occupies nor changed to any other nonconforming use.

(8)

A nonconforming use of land discontinued for a period of one hundred eighty (180) consecutive days shall not be renewed unless it is made to conform to the provisions of this UDO.

a.

The nonconforming use of land caused by the permitted use of a conforming structure shall be allowed for the duration of the use of the structure, excluding inadequate off-street parking facilities.

b.

At such time as structures are no longer used in connection with the nonconforming use of land, such use shall be discontinued within twelve (12) months.

c.

A nonconforming use of land that is accessory to a nonconforming use of a structure shall be discontinued at the time the use of the structure is also stopped.

(Ord. No. 8804, § I, 4-11-05)