Within the zoning districts established by this resolution or amendments that may later be adopted, there may exist lots, structures, and uses of land and structures that were lawful before this resolution was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this resolution or future amendments. It is the intent of this resolution to permit these lots, structures, and uses of lots and structures, hereafter referred to as nonconforming lots, structures, and uses, to remain until they are voluntarily removed or otherwise brought into conformity with the provisions of this resolution, but not to encourage their survival. It is further the intent of this resolution that nonconformities shall not be enlarged, expanded, extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same district.

61.1.

Incompatibility of nonconforming uses. Nonconforming uses are declared by this resolution to be incompatible with permitted uses in the districts in which such a use is located. A nonconforming use shall not be extended or enlarged after adoption of these regulations, nor shall uses of a nature that would be prohibited generally in the district involved be added.

61.2.

Avoidance of undue hardship. Nothing in this resolution shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun, and for which a valid commercial development permit or other permit required by this resolution was obtained before the effective date of amendment or adoption of this resolution.

61.3.

Nonconforming lots of record.

A.

All legally established and recorded lots prior to the effective date of the resolution, or its subsequent amendments, that no longer meet the lot standards listed below shall be deemed legal-nonconforming lots of record. A legal-nonconforming lot of record no longer meets one (1) or more of the following lot standards of the resolution:

•

Lot area.

•

Lot width.

•

Lot depth.

•

Lot frontage.

•

Any other provision of the resolution that is applicable to lots.

61.4.

Nonconforming lots of record in combination. If two (2) or more lots or a combination of lots and portions of lots, vacant or otherwise, have continuous frontage and are in the same ownership of record at the time of passage or amendment of this resolution and if part or all of the lots do not meet the requirements established for lot width, area or both, then the lands involved shall be considered to be an undivided parcel. The lands involved shall not be developed except in compliance with this appendix. A parcel of land created by the combination of nonconforming lots may not be subdivided and sold to another entity as a means of avoiding the requirements of this section. Any conforming lot shall not be divided so as to create a lot that does not meet the requirements of this appendix.

61.5.

Nonconforming uses of land. Where, on the effective date of adoption or amendment of this resolution, lawful uses of land exist which would not be permitted by the requirements imposed by this resolution, said uses may be continued so long as they remain otherwise lawful, provided:

•

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

•

No such 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 or amendment of this resolution.

•

If any such nonconforming uses are discontinued for a period of more than one year, any subsequent use of such land shall conform to the requirements specified for this resolution for the district in which such land is located.

•

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

•

Nonconforming agricultural uses shall be considered as a whole under this section. An agricultural use that is conducted on a substantial portion of a parcel or plot shall be construed to occupy the entire parcel or plot. Nothing herein shall be construed to prohibit the construction of new or a replacement agricultural accessory structure, provided the scale of such agricultural operation is not substantially increased and any setback or yard requirements are met.

61.6.

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

1.

No such nonconforming structure shall be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. No such alterations or enlargement shall in itself be nonconforming.

2.

Should such nonconforming structure or nonconforming portion of structure be involuntarily destroyed by any means to the extent of more than fifty (50) percent of its current market value, it shall not be reconstructed except in conformance with the requirements of this resolution, except that the owner of said structure at the time of such destruction may reconstruct said structure within six (6) months of its destruction. This provision shall be construed to include the replacement of a destroyed nonconforming manufactured home.

3.

Should such structure be voluntarily moved for any reason for any distance, it shall thereafter conform to the requirements of this resolution for the district in which it is located.

4.

This section shall not be construed to prohibit the addition to or improvement of a nonconforming manufactured or mobile home, provided said addition or improvement shall cause the home to more closely resemble a site-built structure, thus decreasing the appearance of nonconformity.

61.7.

Nonconforming uses of structures or structures and premises in combination. If a lawful use involving individual structures, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this resolution that would not be allowed in the district under the terms of this resolution, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No existing structure devoted to a use not permitted by this resolution in the district in which it is located shall be enlarged, extended, constructed, reconstructed, voluntarily moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Any structure, or structure and land in combination, in or on which a nonconforming use is replaced with a conforming use may not later revert to a nonconforming use.

3.

Any nonconforming use may be extended throughout any part of a building that was manifestly arranged or designed for such use at the time such use became nonconforming, but no such use shall be extended to any land outside such building.

4.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of more than six (6) months, such structure or structure and premises shall not thereafter be used, except in conformity with the regulations of the district in which it is located.

5.

Where nonconforming use status applies to a structure and premises in combination, the removal or destruction of such structure to an extent greater than fifty (50) percent of market value shall not eliminate the nonconforming status of the land.

61.8.

Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, ordinary repair and maintenance work, including remodeling, repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, shall be permitted providing that the cubic volume existing when it became nonconforming shall not be increased, except pursuant to section 61.6.4. Nothing in this section shall be deemed to prevent the restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:

62.1.

Curb cuts. No curb cut shall exceed fifty (50) feet in length, nor shall curb cuts be closer than one hundred twenty (120) feet to an intersection of two (2) streets measured along the curb lines.

62.2.

Vision clearance. There shall be no fence (other than a wire fence), wall, shrubbery, sign, or other obstruction to vision between the height of two and one-half (2½) feet and ten (10) feet from the ground level permitted within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets or railroad lines, or of a street intersection with a railroad line.

Commercial vehicles and commercial trailers of all types shall not be parked or stored on any lot in any residential district except in accordance with the following requirements:

63.1.

Limitation on number, size and cargo of vehicles. No more than one (1) commercial vehicle per dwelling shall be permitted, and in no case shall vehicles carrying explosives, gasoline (other than that in the fuel tank used for propelling the vehicle), liquefied petroleum products, or other hazardous materials or of a size in excess of ten thousand (10,000) pounds gross vehicle weight be permitted.

63.2.

Prohibition of occupancy of stored or parked recreational vehicles. A recreational vehicle shall not be occupied temporarily or permanently while it is parked or stored in any residential district, except as a temporary residence during construction of a permanent residence.

Time limits: Once a parcel has been reclassified either through a rezoning, conditional use or a variance and the new classification has not been justified after a period of twelve (12) months, the parcel may revert to its original classification upon recommendation to the board of commissioners by the zoning officer. The applicant may request an extension of twelve (12) months to be approved by the board of commissioners.

The purpose of this section is to provide regulations to foster safe and efficient circulation of vehicles and pedestrians on private and public streets and to minimize nuisances from on-street parking.

65.1.

Off-street automobile parking and storage. Off-street parking and storage space shall be provided on every lot on which any of the uses mentioned in this section are established. Such automobile parking or storage space shall be provided with vehicular access to a street or alley and shall be equal in area to at least the minimum requirements for the specific uses as set forth in Table 13.1. Each automobile parking space shall be at least nine (9) feet wide and twenty (20) feet long.

65.2.

If the required automobile parking or storage space cannot be provided on the same lot on which the principal use is located, the Board of Commissioners may permit such space to be provided on other off-street property provided such space is within five hundred (500) feet of such principal use. Such space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

65.3.

In commercial, highway-oriented commercial and industrial districts. All off-street automobile parking and storage space shall be so arranged that vehicles will not be required to back onto a public street, road or highway when leaving the premises.

65.4.

Gross leasable area (GLA). This is the total building floor area in square feet that a developer may lease. Gross floor area (GFA) is the sum of the areas of floors of a building, including all areas for human occupancy, as measured from the exterior faces of the walls but excluding unenclosed porches, interior parking spaces or any space where the floor to ceiling height is less than six (6) feet, six (6) inches.

65.5.

Improvement and maintenance. Off-street parking areas shall be graded to insure proper drainage, surfaced with all-weather gravel, asphalt or concrete materials and maintained in a clean, orderly and dust free condition.

65.6.

Marking. If the off-street parking area is surfaced with concrete or asphalt, each parking space shall be painted with stripes, not less than three (3) inches wide, running the length of each of the longer sides of the space or by other acceptable methods which clearly delineate the parking space within the parking lot.

65.7.

Handicapped parking. Parking for the handicapped within a non-residential district shall be provided at a size, number and location according to the requirements of the ADA accessibility guidelines (ASAAG) published by the U.S. Architectural and Transportation Barrier Compliance Board (ATBCB), as amended.

65.8.

Residential parking. All parking areas serving single-family detached or attached dwellings shall conform to the following requirements.

a.

No commercial vehicle as licensed by the State with a gross vehicle weight (GVW) exceeding 11,000 lbs. shall be allowed to park in a residential district, Multi-Family Residential District, Planned Unit Development District, Manufactured Home District or townhouse developments.

b.

Commercial vehicles, licensed by the State, busses and recreational vehicles shall not be allowed to park overnight on the street in residential, multi-family districts or townhouse developments.

c.

Recreational vehicles are prohibited from parking in the front yard of any residential district and must be parked in an area of the yard least visible from any public street.

Table 13.1