260-10.1 Determination of Non-Conforming Status

A.

The burden of proving a nonconformity was lawfully established rests entirely with the subject property owner.

B.

A preponderance of evidence must be provided by the subject landowner and be sufficient to show that the nonconformity was lawfully established before adoption of the subject regulations. Evidence must also indicate that the nonconformity has been continuous, and that the situation has not lost its nonconforming status. Examples of reliable evidence include occupational tax certificates; building permits; zoning compliance permits; city/county billing records; utility billing records; assessment, tax or rent records; and directory listings.

C.

The Planning and Development Director shall determine whether adequate proof of nonconforming status has been provided by the subject landowner.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 27), 9-26-2023)

260-20.1Continuance of Non-Conforming Uses.

A.

The lawful use of any building or structure or land existing at the time of the enactment or amendment of this Ordinance may be continued even though such use does not conform with the provisions of this Ordinance, except that the non-conforming use shall not be:

1.

Extended to occupy a greater area of land.

2.

Extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the passage or amendment of this Ordinance and was clearly designed to house the same use as the non-conforming use occupying the other portion of the building or structure.

3.

Reestablished after discontinuance for twelve months.

4.

Changed to another non-conforming use.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 27), 9-26-2023)

260-30.1Continuance of Non-Conforming Buildings.

A.

A non-conforming building existing at the time of the enactment or amendment of this Ordinance may be retained except as follows:

1.

No building other than a single-family detached dwelling may be enlarged, or altered except in conformance with this Ordinance but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

2.

No building other than a single-family detached dwelling shall be rebuilt, altered, or repaired after damage exceeding 50 percent of the replacement cost of the above-ground structure at the time of destruction, except in conformity with this Ordinance, provided that such damage occurred as a result of fire, flood, wind, earthquake, or other natural disaster. Section 260-40. Continuance of Non-Conforming Development Features.

260-30.2Continuance of Non-Conforming Development Features.

A.

A nonconforming development feature may remain except as otherwise expressly stated in this UDO, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this UDO.

B.

No change to any nonconforming development feature shall be made which increases the degree of nonconformity with the requirements of the UDO, but changes may be made which result in the same or a lesser degree of nonconformity, subject to compliance. In cases where land is taken for public purposes in such a manner as to reduce existing off-street parking, loading or other development features that is required by the regulations for the current district, the deficiency thus created shall be construed as a nonconforming development feature.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 27), 9-26-2023)

260-40.1 To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building or structure for which a development or building permit was lawfully applied for or issued, or a subdivision development plan or final subdivision plat was lawfully approved, prior to the effective date of the UDO or amendment thereto, provided:

A.

Such permit or approval has not by its own terms expired prior to such effective date.

B.

Actual building construction is commenced prior to the expiration, or valid renewal, of such permit or approval.

C.

Actual building construction is carried on pursuant to said permit or approval and limited to and in strict accordance with said permit or approval.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 27), 9-26-2023)

Variances, rezonings, and special use permits lawfully authorized and granted and conditions of such approvals or occurring prior to the effective date of this Title 2 shall continue to be enforced provided the terms and conditions of said authorization are followed.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 27), 9-26-2023)