(a)

It is the intent of this article that the lawful use of any building, structure or land existing at the time of adoption of this chapter or amendments to this chapter may be continued although such use, building or structure does not conform with the provisions of this chapter or amendments thereto, provided the following conditions in the subsequent sections of this article are met.

(b)

A nonconforming use determination shall be made by the zoning manager in accordance with this article and other regulations as may be applicable. It shall be the applicant's responsibility to submit and provide the zoning manager with all documentation and records for such determination to be made.

(P & Z Res., art. XXIV, § 1; Ord. No. 2008-06, § 5, 5-13-08)

Any nonconforming structure or building or portion thereof declared unsafe may be restored to a safe condition.

(P & Z Res., art. XXIV, § 2)

Nothing in this article shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six (6) months of the date of such permit.

(P & Z Res., art. XXIV, § 3)

A nonconforming building or structure may be maintained, and repairs and alterations may be made, provided that:

(1)

In a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law; and

(2)

The degree of nonconformity is not increased.

(3)

Additions to nonconforming residential structures are permitted, provided that:

a.

Such additions comply with current building setbacks;

b.

The proposed use is permitted by the zoning district;

c.

Administrative waivers outlined in Section 38-1508 may apply.

Repairs such as plumbing or the changing of partitions or other interior alterations are permitted.

(P & Z Res., art. XXIV, § 4; Ord. No. 2008-06, § 6, 5-13-08)

(a)

Buildings or structures or uses of land which are nonconforming shall not be extended or enlarged; provided, however, that any nonconforming use may be extended if such extension will make such use conform with current regulations for the district in which it is located.

(b)

No community residential home, which has previously been defined as a foster care facility or adult congregate living facilities, which, as of July 2, 1991, is nonconforming with the applicable zoning regulations relating to community residential homes for the district in which it is located, may increase the number of clients in the facility unless such increase is in conformity with the applicable zoning regulations for that zoning district.

(P & Z Res., art. XXIV, § 5; Ord. No. 91-15, § 19, 6-18-91)

When a nonconforming use of land, a building or a structure has been discontinued for one hundred eighty (180) days or more, the land, building or structure shall thereafter not be used except in compliance with the regulations of the district in which it is located. However, for a commercial or industrial building or structure or use only, upon application the nonconforming use may be extended up to an additional ninety (90) days subject to approval by the zoning manager. The applicant for the extension shall submit documentation to the zoning manager which clearly demonstrates that the nonconforming commercial or industrial building or structure has been actively marketed for the nonconforming use or has been undergoing repairs during the majority of the above-referenced 180-day period.

(P & Z Res., art. XXIV, § 6; Ord. No. 98-37, § 3, 12-15-98; Ord. No. 2008-06, § 7, 5-13-08)

A nonconforming use now existing may be changed to another nonconforming use of equal or improved character when approved by the zoning director.

(P & Z Res., art. XXIV, § 7)

(a)

A nonconforming building or structure, other than a sign, which is destroyed by any cause or means (including a flood, fire, hurricane, tornado, storm, explosion, riot, or other calamity), shall not be replaced, except in compliance with the regulations of this chapter. A nonconforming building or structure, other than a sign, which is damaged by any cause or means, such that the cost of repair is in excess of seventy-five (75) percent of the assessed value of the building or structure as of January 1 of the calendar year that the building or structure was damaged, as calculated by the Orange County Property Appraiser; or, if applicable, by the Orange County Value Adjustment Board, shall not be repaired, except in compliance with the regulations of this chapter.

(b)

A nonconforming sign, other than a billboard, which is destroyed by any cause or means, shall not be replaced, except in compliance with the regulations of this chapter and Chapter 31.5 (Sign Ordinance). A nonconforming sign, other than a billboard, which is damaged by any cause or means in excess of fifty (50) percent of the cost of replacement of the sign, shall not be repaired, except in compliance with the regulations of this chapter and Chapter 31.5.

(c)

A nonconforming billboard which is destroyed by any cause or means shall not be replaced, except in compliance with the regulations of this chapter and Chapter 31.5. A nonconforming billboard which is damaged by any cause or means, such that the total cost of repair is in excess of fifty (50) percent of the Total Replacement Cost (as defined below), shall not be repaired, except in compliance with the regulations of this chapter and Chapter 31.5. For purposes of this subsection, the term "total replacement cost" means the calculation of total replacement cost that is derived by applying the User's Guide—Owner's Estimate of Repair/Replacement Costs of Nonconforming Billboards, dated May 10, 2007, which document is attached to Ordinance No. 2007-09 as Appendix A and incorporated herein by reference. The unit cost worksheet that is labeled as "Attachment 1" to Appendix A shall be updated biannually without need of further action by the board.

(P & Z Res., art. XXIV, § 8; Ord. No. 2007-09, § 1, 8-14-07)

Nonconforming use status shall be determined by the zoning director. Each request for a nonconforming use determination will be reviewed by the zoning director or his/her designee. Upon completion of the review process, the zoning director shall forward to the applicant a determination in writing. The zoning director may request additional information, approve the request, approve the request with conditions or deny the request.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91)

The application shall contain the following:

(1)

Name and address of applicant (printed or typed) and applicant's signature;

(2)

The property legal description;

(3)

The present zoning;

(4)

Statement requesting county acknowledgment of nonconformity;

(5)

Nonconformity description;

(6)

Identification of continuous length of use; and

(7)

Statement that the applicant(s) has and justification of personal knowledge of the above information.

Such application shall be dated and notarized prior to submittal to the zoning department. The applicant is encouraged to submit support evidence with the application; for example:

(1)

Site plan, drawn to scale, indicating property boundaries and all existing structures and uses located on-site with their locations and dimensions;

(2)

Floor plans, fully dimensioned;

(3)

Photographs;

(4)

Historical information about the property from the county property appraiser's office (i.e., Howze card diagram);

(5)

Historical documentation from public/private utility companies regarding electrical and/or water service (i.e., when original electrical meter(s) was set; length of service);

(6)

Occupational license information (if the request is for a business);

(7)

Copies of legal documents (i.e., leases, rental documents, deeds, private property appraisals, contract agreements, etc.); or

(8)

Any other pertinent information relative to the request.

Appeal of the zoning director's determination shall be in accordance with the procedures established in chapter 30, section 30-43(1) of the County Code, which are duplicated in chapter III of the Land Development Code.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91)

Editor's note— Ord. No. 2016-19, § 4, adopted Sept. 13, 2016, repealed § 38-56, which pertained to U-R, UR1, and UR-3 zoned lands and derived from Ord. No. 95-16, § 3, adopted June 27, 1995.