The location and boundaries of the zoning districts established herein are shown on the map entitled "Official Zoning District Map of the Town of Lochbuie, Colorado", which map is hereby made a part of this Chapter by reference. A copy of the Official Zoning District Map is on file at the office of the Town Clerk.

(Ord. 629 §1(Exh. A), 2017)

Except where otherwise indicated, zone district boundaries shall follow municipal corporation limits, section lines, one-quarter (¼) section lines, one-half (½) section lines, platted lot lines, and center lines of streets, alleys, roads, highways, channelized waterways, or extensions thereof.

(a)

For non-subdivided property or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by the scale of the official zoning map.

(b)

Where a zone district boundary coincides with a right-of-way line and the right-of-way is abandoned, the zone district boundary shall then follow the centerline of the former right-of-way.

(c)

Land which is not indicated as being in any zone district shall be considered to be included in the most restricted adjacent zone district even when such district is separated from the land in question by a public road, railroad, or utility right-of-way.

(d)

The Town Administrator shall have the authority to review, interpret, and determine any boundary disputes pursuant to this Section.

(Ord. 629 §1(Exh. A), 2017)

In order to carry out the provisions of this Chapter, the Town is hereby divided into the following zoning districts:

(a)

A: Agricultural District.

(b)

RR: Rural Residential District.

(c)

R-1: Single-Family Residential District.

(d)

R-2: Two-Family Residential District.

(e)

R-3: Multi-Family Residential District.

(f)

C: Commercial District.

(g)

MU: Mixed Use District.

(h)

I: Industrial District.

(i)

OS: Open Space District.

(j)

PUD: Planned Unit Development.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Agricultural District is to identify and zone land which may be suitable for accommodating an existing agricultural use, or to preserve areas which perform important natural functions.

(b)

Land use. Permitted and conditional principal uses are as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.1.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.1, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the Agricultural District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the Agricultural District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Rural Residential District is to provide a very low density residential environment that retains a rural atmosphere due to large lots, generous setbacks and the allowance of certain animals.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.2.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.2, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the Rural Residential District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the Rural Residential District in accordance with Article VI of this Chapter.

(g)

Animal husbandry. The keeping of animals, fowl, and livestock shall be subject to the standards in Section 19-7-210 of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Single-Family Residential District is to identify and zone land for single family residential use, including manufactured homes on individual lots.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.3.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.3, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the R-1 District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the R-1 District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Two-Family Residential District is to identify and zone land for predominantly medium density residential uses such as patio homes and paired homes (duplexes).

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.4.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.4, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the R-2 District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the R-2 District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Multi-Family Residential District is to provide a zoning district within the Town for higher density residential uses such as townhouse and apartment buildings.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.5.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.5, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the R-3 District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the R-3 District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

The purpose of the Commercial District is to provide a zoning district for the location of businesses typically oriented along major thoroughfares.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.6.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.6, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the Commercial District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the Commercial District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Mixed Use District is to provide for the development of a wide range of community and regional retail uses, offices, limited light industrial uses and personal and business services. It also accommodates medium and high density residential housing units.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.7.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.7, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the MU District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the MU District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

The purpose of the Industrial District is to provide a zoning district for light industrial and manufacturing operations.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.8.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.8, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the Industrial District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the Industrial District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

The Open Space district is intended to preserve open land for public uses and essential utility structures.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.9.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.9, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the OS District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the OS District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Planned unit developments (PUDs) approved and recorded prior to the effective date of this Chapter, January 1, 2018, may continue to be completed under the terms of their approved agreements and plans of development. No new PUDs shall be approved.

(b)

All park and open space dedication requirements memorialized in the existing approved PUD agreements and plans of development continue to apply to the completion of such existing PUDs (unless amended as permitted below). Such existing requirements, include, but are not limited to, land to be dedicated for public use or the cash payment in lieu of dedication, as well as the requirement that the developer of the planned unit development set aside twenty-five percent (25%) of the gross land area of the subdivision for common open space. Such open space shall not include streets, alleys, bicycle paths, easements or rights-of-way. Such open space shall be subject to Board of Trustees approval.

(c)

The PUD plan of development for any existing PUD may be modified only by one (1) of the processes described in this Section.

(d)

A PUD may be amended as permitted by its approved agreement and plan of development.

(e)

If not prohibited by the existing PUD agreement and plan of development, and based upon a showing of necessity, minor changes in the location of structures and their accessory uses may be approved by the Town Administrator if such changes do not exceed ten percent (10%) of any measurable standard in the current PUD plan of development and will not cause any of the following circumstances to occur:

(1)

Change in the overall character of the development.

(2)

Increase in the intensity of use.

(3)

Increase in problems associated with circulation, safety and utility systems.

(4)

Increase in the effects on adjacent properties.

(5)

Reduction in originally approved setbacks.

(6)

Increase in the floor area ratio.

(f)

Any change to the PUD plan of development other than as permitted under Subsections (d) and (e) may only be accomplished by rezoning the property pursuant to Subsection (g) below.

(g)

The owners of an undeveloped PUD, or portion thereof, may apply for rezoning to one (1) or more of the zone districts in this Article, and upon approval of that rezoning, the prior PUD shall be void as to that property.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §10, 2020)

(a)

The Board of Trustees may amend the boundaries of any zone district as shown on the Zoning District Map by following the procedures in this Section.

(1)

Rezoning of individual property may be initiated by the Town, by citizen petition or by application filed by the landowner.

(2)

Requests for rezoning initiated by the Board of Trustees or Town staff will be prepared as a draft ordinance by the Town Attorney and Town staff and shall be reviewed and considered by the Board of Trustees at a public hearing. In this instance, the Town shall be considered to be the applicant.

(3)

To initiate a rezoning of private property, the petitioner must be the owner of the affected property or a citizen of the Town who has submitted the application with a petition signed by owners of a majority of the land affected by the request. In this instance, the person submitting the application shall be considered to be the applicant.

(b)

Public hearing. As required by Sections 19-1-215 and 19-1-220 no rezoning shall become effective nor shall any such regulation restriction or boundary be amended until after public hearing.

(c)

The Board of Trustees may not determine that the zoning map should be amended (rezoning of property) unless the rezoning is consistent with the goals and policies of the Comprehensive Plan and promotes the general welfare of the community. If a proposed rezoning is inconsistent with the Comprehensive Plan, the request may only be approved if the applicant demonstrates that the requested rezone is justified because of changed or changing conditions in the particular area, in the Town in general or that the rezoning is necessary to correct a manifest error in the existing zone classification.

(d)

The Board of Trustees may consider the following evaluation criteria for the analysis of rezoning applications:

(1)

The compatibility of the rezoning proposal with the surrounding zone districts and land uses in the vicinity of the site of the rezoning including the characteristics of the existing neighborhood, the applicable area and bulk requirements, and the suitability of the site for development in terms of on-site characteristics;

(2)

The impacts of the rezoning upon expected traffic generation and road safety, availability of on-site and off-site parking and the availability of adequate utility services and street access to the site;

(3)

The impacts of the land uses of the proposed rezoning upon expected environmental quality including air and water quality;

(4)

The community need for the proposed rezoning and the relationship of the proposed rezoning to the goal of overall community balance; and

(5)

Compatibility with the Comprehensive Plan.

(e)

An approved change shall be by appropriate ordinance and necessary changes in the Official Zoning District Map shall be made promptly.

(f)

In case of a protest against a proposed change, signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred (100) feet therefrom, or of those directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (¾) of the members of the Board of Trustees.

(g)

The Board of Trustees may, upon the request of the Town staff or on its own motion, initiate a procedure for rezoning a significant area of the Town, consisting of six (6) or more individual ownership parcels. This rezoning is a legislative, not a quasi-judicial act, and may be accomplished by ordinance without notice to individual landowners. The procedure for legislative rezoning shall be as follows:

(1)

Requests for legislative rezoning initiated by the Board of Trustees or Town staff will be prepared as a draft ordinance by the Town Attorney and Town staff and shall be reviewed and considered by the Board of Trustees in a public hearing. In this instance, the Town shall be considered to be the applicant.

(2)

Notice of the public hearing before the Board of Trustees shall be given by publication of the request and descriptive material identifying the area proposed to be rezoned, the present zoning, and the proposed zoning. The notice shall be published in a newspaper of general circulation in the Town and by posting at the Town offices. Separate notice to individual property owners is not required, but may be given in the sole discretion of the Town. The Town's choosing not to give such individual notice shall not be a basis for challenge of the legislative rezoning.

(3)

The Board of Trustees shall consider the public testimony, the recommendations of the Comprehensive Plan, and the interests of the Town in general when considering a legislative rezoning.

(4)

The action of the Board of Trustees in approving a legislative rezoning shall be recorded on the Official Zoning District Map.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §11, 2020)

(a)

Setbacks; general. Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above grade upward; provided, however, that fences, walls, trellises, poles, posts, ornaments, furniture and other customary yard accessories may be permitted in any setback subject to height limitations and requirements limiting obstruction of visibility.

(1)

A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum setback requirements set forth for the zoning district in which it is located, except as otherwise established in this Chapter or unless a variance has been granted.

(2)

A setback or other open space required by this Chapter shall not be included as part of a setback or other open space required by this Chapter for another building or structure or lot.

(b)

Projections into required setbacks. The following structures may project into required front, side or rear setbacks as follows:

(1)

Paved patios or terraces may project into any required setback, provided that no structures placed on them shall violate other requirements of this Chapter.

(2)

Unroofed landings, decks and stairs may project into required setbacks, provided that the floor shall not extend higher than thirty (30) inches above the finished grade level and the projection is at least five (5) feet from the lot line.

(3)

Unroofed exterior balconies may project into a required side or rear setback provided these projections are at least five (5) feet from the side lot line and ten (10) feet from the rear lot line.

(4)

Cornices, eaves, canopies, window wells, chimneys, bay windows, ornamental features, and other similar architectural features may project not more than two (2) feet into any required setback provided these projections are at least five (5) feet from the lot line.

(5)

Roofs over porches, stairways, landings, terraces, or other exterior approaches to pedestrian doorways may project up to six (6) feet into a front setback, provided that the roof projections shall comprise no more than fifty percent (50%) of the total length of the building's façade. The covered porch or entrance area projecting into the front setback shall remain exterior to the building and enclosed by no more than a railing. The projection shall be at least five (5) feet from the property line.

(6)

The Town Administrator may allow the installation of handicap access ramps in required front, side, and rear setbacks. The design and placement of the ramps shall be reviewed to ensure that:

a.

The ramp has minimal visual impact on abutting properties;

b.

The width of the ramp does not exceed forty-eight (48) inches.

(c)

A private garage or carport may project into a required setback abutting an alley, provided the projection is at least five (5) feet from the property line. The private garage or carport shall be subject to the other requirements of this Chapter.

(1)

Fences and walls may project into any required setback and shall be in accordance with other requirements of this Chapter.

a.

Projections into easement and rights-of-way prohibited. Projections shall not extend or encroach into any easement(s) or right(s)-of-way.

b.

Contextual front setbacks. In addition to permitted projections described in Subsection (b) above, the following exceptions to the front setback requirement for dwellings abutting local streets (not collector or arterial streets) are authorized for a lot in any district.

(2)

If there are dwelling units on both abutting lots with front setbacks of less than the required depth for the district, the front setback for the lot need not exceed the average front yard of the abutting dwelling units.

(3)

If there is a dwelling unit on one (1) abutting lot with a front setback of less than the required depth for the district, the front setback for the lot need not exceed a depth one-half (½) way between the depth of the abutting lot and the required setback depth.

a.

Height exceptions for appurtenances. Except as specifically provided elsewhere in this Chapter, the height limitations contained in this Chapter do not apply to spires, belfries, cupolas, chimneys, heating and ventilation equipment, elevator housings, stairwell towers or similar appurtenances; provided, however, the following:

(4)

The appurtenance does not interfere with FAA Regulations;

(5)

The appurtenance does not extend more than twenty-five (25) feet above the maximum permitted building height, except for church belfries that must be of greater height in order to function; and

(6)

The appurtenance is not constructed for the purpose of providing additional floor area in the building.

(Ord. 629 §1(Exh. A), 2017)

Those uses designated as permitted in the zone district provisions are allowed as a matter of right and without special authorization.

(Ord. 629 §1(Exh. A), 2017)

(a)

Uses designated as conditional uses are contingent uses which may or may not be appropriate in a particular location depending on the nature of the proposed use, its relationship to surrounding land uses and its impact on traffic capacities, potential environmental effects, compatibility with the neighborhood, and conformance with the Comprehensive Plan. It is the intent of these regulations to provide a review of conditional uses so that the community is assured that any proposed conditional uses are suitable for the proposed location and are compatible with the surrounding land uses.

(b)

An application for a conditional use shall be subject to the review procedures noted in Section 19-1-215 and all other requirements of this Chapter.

(c)

In considering an application for a conditional use, the Board of Trustees shall consider whether and find that:

(1)

The use is compatible with all existing uses on land adjacent thereto.

(2)

The use will not unnecessarily scar the land and soil upon which such use is to be placed, leaving deleterious effects such as denuded slopes, uncovered soil piles to be blown away, scars upon areas of natural beauty, unguarded holes or pits.

(3)

Uses with unsightly aspects, odors or noise must be set back a sufficient distance from adjacent property boundaries and proper fencing or screening provided so that the adjacent property is not adversely affected.

(4)

The use shall not create air or water pollution.

(5)

The use is consistent with a contiguous and orderly pattern of development within the Town and is consistent with the adopted Comprehensive Plan.

(6)

The proposed use conforms with all supplemental regulations related to the use.

(d)

The Board of Trustees may impose conditions on a conditional use approval designed to lessen the adverse impacts, if any, of the conditional use, to protect the health, safety and welfare of Town residents, and to ensure compliance with all other applicable provisions of this title.

(e)

A conditional use approval may be revoked by the Board of Trustees for failure to comply with any the terms and conditions attached to such approval. Prior to revocation, the applicant shall be notified, in writing, of the Board's consideration of the revocation at least ten (10) days prior to such consideration. Such notice may be personally served, mailed to the applicant's last known address by First Class U.S. Mail, or conspicuously posted on the property upon which the use is located. When the Board of Trustees considers the revocation, the applicant may appear, present evidence on his own behalf and cross-examine any witnesses who testify in favor of revocation. If the conditional use approval is revoked, the Board of Trustees shall issue written notice of revocation within ten (10) days of the completion of its consideration thereof. Such notice may be served personally upon the applicant or mailed to his last known address by First Class U.S. Mail.

(f)

At the time of approval, the Board of Trustees may, in its discretion, specify that the length of the conditional use approval is one (1) of the terms provided below. In the absence of any specific findings or orders of Board of Trustees concerning the length of an approved conditional use, the conditional use approval shall be deemed to be non-transferable and personal to the applicant. A conditional use approval may:

(1)

Be personal to the original applicant,

(2)

Run with the original location for which the permit is approved, or

(3)

Be otherwise transferable, upon such terms and conditions specified by the Board of Trustees.

(Ord. 629 §1(Exh. A), 2017; Ord. 656 §3, 2020)

The primary use of a lot is referred to as a principal use which may be a land use or a structure. Only one (1) principal use per lot is allowed except where a mix of residential and nonresidential uses may be permitted in a specified zone district.

(Ord. 629 §1(Exh. A), 2017)

(a)

Accessory uses shall comply with all requirements for the principal use, except where specifically modified by this Section, and shall also comply with the following limitations:

(1)

An accessory use shall be clearly incidental, customary to and commonly associated with the operation of the permitted use.

(2)

An accessory use shall be operated and maintained under the same ownership as the permitted use.

(3)

Home occupations may be permitted as an accessory use where allowed by zoning district, subject to the provisions of Section 19-7-215.

(4)

The renting of rooms may be permitted in all residential districts as an accessory use provided the total number of unrelated persons, including roomers, in any one (1) dwelling unit shall not exceed three (3) persons.

(5)

A greenhouse may be maintained in a residential district as an accessory use only if there are no sales from the premises.

(6)

A swimming pool may be permitted in any zoning district as an accessory use. No swimming pool shall be located in any required front or side yard abutting a street, and no closer than ten (10) feet from any dwelling or property line. The surface area of the pool structure, excluding decking, may not exceed ten percent (10%) of the area of the rear yard.

(b)

Accessory structures shall comply with the following limitations:

(1)

Accessory structures shall not be located in the front yard of a principal structure.

(2)

No accessory structure shall be built upon a lot until the construction of the principal structure has been commenced.

(3)

No accessory structure shall be used for dwelling proposes.

(Ord. 629 §1(Exh. A), 2017)

(a)

Temporary uses of land are permitted in any zoning district (unless restricted to particular zoning districts herein), subject to the specific regulations and time periods listed in Table 2-10, and to the other applicable regulations of the zoning district in which the use is permitted.

(b)

A temporary use permit shall be valid only for the period of time specified, and only two (2) renewals of a temporary use may be granted by the Town Administrator. Failure to terminate such temporary use by the specified time shall be considered a violation of this Article. The applicant shall obtain all other required permits prior to moving the temporary facilities onto the site.

(c)

A temporary use permit shall not be granted for a use except upon a finding that the use will, during the time of its existence:

(1)

Be compatible with the surrounding uses and community facilities;

(2)

Not be detrimental to or constitute a danger to the health, safety and welfare of the citizens of the Town;

(3)

Conform in all other aspects to the applicable zoning regulations and standards, except as specifically modified for the temporary use during the time it is permitted; and

(4)

Leave the site, following the temporary use, in a state that is capable of being, and assurance has been provided that it will be, restored to a satisfactory condition.

(Ord. 629 §1(Exh. A), 2017; Ord. 667 §4, 2021)

(Ord. 629 §1(Exh. A), 2017; Ord. 649 §1, 2020; Ord. 656 §1, 2020; Ord. 662 §1, 2020; Ord. 667 §3, 2021; Ord. 677 §2, 2022)

(a)

Intent. Within the zone districts established in this Chapter, there exist lots, structures and uses of land and structures, which were lawfully established before this Chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter. It is the intent of these regulations to permit such nonconformities to continue until they are destroyed or removed, but not to allow them to be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone district.

(b)

Nonconforming use. Where at the time of the adoption of this Chapter or amendments thereto, lawful uses of land exist which would not be permitted by the regulations imposed by this Chapter, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extend in intensity of use, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Chapter;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption of this Chapter;

(3)

If any such nonconforming use of land ceases for any reason for a period of one (1) year, any subsequent use of such land shall conform to the regulations specified by this Chapter for the zone district in which such land is located; and

(4)

No additional structure not conforming to the requirements of this Chapter shall be erected in connection with such nonconforming use of land.

(5)

A nonconforming use shall not be changed to a use of a lower, or less restrictive classification; however, such nonconforming use may be changed to another use of the same or higher classification.

(c)

Nonconforming structures. Where a lawful structure at the effective date of the adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, including an increase in floor area, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structures or nonconforming portion of a structure be destroyed or partially destroyed in excess of fifty percent (50%) of its replacement value by any means and shall not have been repaired or replaced within one (1) year from the date of loss, it shall not be reconstructed except in conformance with the provisions of this Chapter.

(3)

No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in wholly or in part to another location unless every portion of such building or structure is moved and the use thereof is made to conform to all regulations of the district into which it is moved.

(d)

Repairs and maintenance.

(1)

Ordinary repairs and maintenance of a nonconforming building shall be permitted.

(2)

A nonconforming building which has been damaged by fire or other causes may be restored to its original condition, provided that such work is commenced with one (1) year of such calamity.

(3)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, and the same is not repaired as permitted by Subsection (d)(2) above, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zone district in which it is located.

(e)

Nonconforming lots of record. Where, at the effective date of the adoption of this Chapter or amendments hereto, a lot of record was in separate ownership and cannot meet the minimum requirements for area or width, a single-family dwelling and customary accessory structures may be erected on any single lot of record provided such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

(Ord. 629 §1(Exh. A), 2017)