Explanatory notes—Difference between use and structure: It is sometimes confusing to distinguish between structures and uses since the use within a structure is often considered as one and the same with the structure. For the purpose of this ordinance, a use can occur in a structure or on land without structures. A use is the activity or purpose for which land or a structure is designed, arranged, or intended, or to which purpose land or a structure is occupied, maintained, leased, or operated.
  Example of uses of lesser and greater intensity: If the original use is a single-family residence, a use of lesser intensity would be agriculture or open space without a residence. A use of greater intensity would be a two-family residence.

Nonconforming uses and nonconforming structures are uses and structures lawfully in existence prior to the adoption of the ordinance from which this chapter is derived that do not meet the requirements of this chapter for the zoning district in which they are located. Nonconforming uses and structures shall be allowed to continue if they comply with the following provisions:

(1)

Conformity encouraged. All nonconforming uses and nonconforming structures are encouraged to convert to conformity whenever possible.

(2)

Change of title no effect. Change of title or change of right to possession shall not affect the allowed continuation of a nonconforming use.

(3)

Nonconforming uses. Nonconforming uses shall comply with the following requirements:

a.

Required discontinuance of nonconforming uses on land with no structures. A nonconforming use that occurs on land where no structure exists, other than an incidental or accessory building, shall be discontinued within five years from date of official notice issued by the county to discontinue such use.

b.

Substitution of uses within a structure. If no structural alterations are made, a nonconforming use of a structure may be changed to a conforming use.

c.

Discontinuance. If a nonconforming use is voluntarily discontinued for a continuous period of 12 months or more, it shall not be re-established and any subsequent use of the building, structure, or land shall be conforming.

(4)

Alteration of a nonconforming structure. A nonconforming structure may be structurally altered or enlarged, provided it is structurally altered or enlarged in a way that will not increase or extend its nonconformity, and provided either subsections a. or b. of this section applies:

a.

Permitted use. The use of the structure shall be a use permitted in the zoning district in which the structure is located.

b.

Legal requirement. The structural change is required by law or court order.

(5)

Restoring damaged buildings. Any nonconforming structure damaged by fire, flood, explosion, war, riot, or Act of God to an extent equal to or greater than 50 percent of its market value, shall not be restored or reconstructed and used as before such occurrence; but if damaged less than 50 percent, it may be restored, reconstructed or used as before, provided that restoration or reconstruction shall be completed within one year of such damage.

(6)

Mobile homes. Nonconforming mobile homes shall comply with the following requirements:

a.

Replacement and alteration. Nonconforming mobile homes shall not be replaced with a different mobile home or structurally altered after passage of the ordinance from which this chapter is derived.

b.

Located in a mobile home park. Except as provided in subsection (6)c of this section, all mobile homes used for residential purposes shall be located in an approved mobile home park subject to the provisions in section 107-146.

c.

Mobile home on a farm. A mobile home located on a farm, shall become an illegal nonconforming use if the tract of land upon which the mobile home is located is divided and is no longer considered to be part of a farm unit. Such nonconforming mobile home shall be removed within 12 months from the date of official notice issued by the county zoning administrator to remove the mobile home.

(7)

Communication towers. Nonconforming communication towers and other wireless communication facilities shall comply with the following requirements:

a.

Structural alteration. Any nonconforming communication tower may be structurally altered in order to meet the most current county building code, or electronic industry association structural standards for steel structures, or other state or federal agency regulation, requirement, or guideline.

b.

Substitution or reconstruction. The supporting structure of any nonconforming tower or wireless facility constructed in accordance with the provisions of section 107-94(k), may be substituted or reconstructed, provided all of the following criteria are met:

1.

Notice. Written notice is provided by the tower or facility owner to the county planning and development department. Such notice shall outline the basis for the reconstruction or substitution;

2.

Time frame. Such reconstruction or substitution shall be substantially completed within 12 months of the date of the written notice set forth in subsection (7)b.1 of this section;

3.

Height. The reconstruction or substitution shall not exceed the height of the original tower; and

4.

Use. The use of the reconstructed or substituted nonconforming communication tower shall be for the same general technological use as before the reconstruction or substitution occurred.

c.

Special exception or variance. Proposed substitution, reconstruction, or enlargement of the supporting structure of any nonconforming tower or wireless communication facility that does not meet the criteria in subsection (7)b of this section immediately above, requires a special exception or variance, as provided in section 107-74. The application for a special exception or variance must be approved prior to any action being taken by the applicant.

d.

Modification or replacement of transmission equipment. Antennas or other transmission equipment associated with the supporting structure of a legal nonconforming tower or wireless facility, including equipment installed for co-location, may be removed, modified, or replaced provided all of the following criteria are met:

1.

Application. An application is provided by the tower or facility owner to the county planning and development department. Such application shall outline the basis for the modification or replacement;

2.

Height and width. The modification or replacement of equipment will not substantially change the physical dimensions of the tower or base station. "substantial change" shall be as described in Report and Order FCC 14-153 pertaining to the Spectrum Act/Middle Class Tax Relief and Job Creation Act; and

3.

Conditional use permit for a minor or insignificant modification required. Proposed modification or replacement of transmission equipment associated with the supporting structure of a legal nonconforming tower or wireless facility requires a conditional use permit for a minor or insignificant modification, as provided in section 107-73. The application for a conditional use permit must be approved prior to any action being taken by the applicant.

(Code 2006, ch. 41, art. 3, § 1; Ord. No. 3-3-2010, 4-1-2010; Ord. No. 13-8-2015, 8-17-2015; Ord. No. 4-5-2020, § 1(Att. A), 5-13-2020)

Explanatory note—A legal lot of record is an exception to the nonconforming lot definition. A legal lot of record is a nonconforming lot that is treated as conforming.

Nonconforming lots are lots or parcels of land that do not meet the minimum lot width, length or area requirements of this chapter for permitted uses in the zoning district in which the lot or parcel is located. Nonconforming lots or parcels shall not be built on, and shall not be considered to have development rights, except for those existing nonconforming lots or parcels that are legal lots of record meeting the following criteria:

(1)

Definition of legal lot of record. A nonconforming lot or parcel is considered a legal lot of record if any of the following conditions are met:

a.

Lots in existence prior to zoning. Any lot, the contract or deed to which was recorded in the office of the county recorder prior to July 14, 1959, the effective date of the first adoption of zoning by the county, and has not been changed since;

b.

Residual parcels. Any residual parcel that was reduced from a lot on a single deed that was legally recorded in the office of the county recorder prior to July 14, 1959, or from any lot legally created under ordinances in effect prior to the adoption of the ordinance from which this chapter is derived, and was created by a taking or dedication for a public right-of-way or public purposes, or was reduced pursuant to a court order; or was reduced in size by the completion of a minor boundary change that meets the conditions for approval in section 107-72(5)b;

c.

Enlarged parcels. Any parcel that was enlarged from a lot on a single deed that was legally recorded in the office of the county recorder prior to July 14, 1959, or from any lot legally created under ordinances in effect prior to the adoption of the ordinance from which this chapter is derived, voluntarily or pursuant to a court order or other legal requirement;

d.

Bisected lot. Any lot that was legally recorded in the office of the county recorder prior to July 14, 1959, or any lot legally created under ordinances in effect prior to the adoption of the ordinance from which this chapter is derived, and remains as a single lot but is rendered nonconforming by a taking or dedication for a public right-of-way or public purposes; or

Explanatory note—The provision for bisected lots has been added to recognize the effect of public action, most often in the form of acquisition of road right-of-way, on the rights of owners of previously conforming lots. The intent is to allow the landowners to develop as would have been allowed prior to the public action, but not to increase the development rights associated with the parent parcel, and to allow residual parcels that may be physically cut off to be sold for agricultural or open space purposes.

e.

Lots legally permitted under prior ordinances. Any lot legally created under ordinances in effect prior to the adoption of the ordinance from which this chapter is derived.

(2)

Standards for use and development of legal lots of record. A lot of record which has less area than required by this chapter may be used for uses permitted in the zoning district where the lot of record is located if all of the following provisions of this chapter are met:

a.

Minor site plan required. A minor site plan meeting the standards in section 107-71, shall be submitted and reviewed prior to the issuance of any zoning permits;

b.

Setbacks. Minimum structure setbacks for the zoning district where the lot is located shall be met; however, where the minimum side or rear yard setbacks cannot be met, the following setbacks shall prevail:

1.

Side yard. The sum of the side yard widths of any such lot or plot need not exceed 30 percent of the width of the lot but in no case, less than ten percent of the width for any one side yard.

2.

Rear yard. The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case less than ten feet.

c.

Floodplain. No dwelling unit shall be constructed in a floodplain without a floodplain permit;

d.

Access. Road access to the site meets the requirements in section 107-91(e);

e.

Sewage and water. Adequate sanitary sewage and water facilities can be provided as determined by the health department; and

f.

Bisected lots. Lots of record that have been bisected by a taking or dedication for a public purpose shall meet the following additional requirements if the landowner wishes to legally separate the portions of the lot of record physically created by the taking or dedication:

1.

Assignment of development right. The landowner shall choose to assign the original development right to one portion of the parent parcel;

2.

Minor subdivision. The physically separate portions of the parent parcel shall be legally separated through a minor subdivision process as provided for in section 107-72(3); and

3.

Undeveloped parcel not a legal lot of record. The parcels created through the minor subdivision process to which the development right has not been assigned shall not be considered legal lots of record.

(Code 2006, ch. 41, art. 3, § 2; Ord. No. 3-3-2006, 4-1-2006; Ord. No. 13-9-2006, 10-1-2006; Ord. No. 4-6-2011, 7-1-2011; Ord. No. 15-12-2015, 1-1-2016)

Existing lots of record and existing homes, cabins, and cottages in the designated seasonal cabin areas, as defined in this chapter, shall be considered conforming land uses provided they comply with the regulations in section 107-143. Lots or cabin sites that do not conform to these standards shall be subject to the standards of article III of this chapter.

(Code 2006, ch. 41, art. 3, § 3)