9.1.1

Purpose, Applicability. The purpose of this section is to regulate and limit the continued existence of certain uses and structures established prior to the effective date of these regulations that do not conform to these regulations.

9.1.2

Nonconforming Uses Located in Structures Adaptable to Permitted Uses.

1.

Nonconforming uses, if the structure to which the use is devoted is adaptable to a permitted use in the district in which it is located, may continue only in accordance with the provisions of this section.

2.

Normal repair and maintenance may be performed to allow the continuation of such nonconforming use. However, the continuation, maintenance, or normal repair shall not extend or expand the nonconforming use and may only include:

a.

Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without expanding or altering the building or structure;

b.

Maintenance of land areas to protect against health hazards and to promote the safety of surrounding land uses;

c.

Repairs which are required to remedy unsafe conditions which cause a threat to public safety; and

d.

Maintenance or repair of a sign in a way that does not change the exterior message.

3.

Such nonconforming use shall not be expanded, nor shall the nonconforming use be enlarged by additions to the structure in which the nonconforming use is located or the occupation of additional lands, unless its nonconforming status is removed pursuant to subsection 9.1.5, Termination of Status as Nonconforming.

4.

Except as provided in subsection 9.1.5, Termination of Status as Nonconforming, the nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once the nonconforming use is changed to a conforming use, the nonconforming use shall not be reestablished.

5.

Where the nonconforming use is discontinued or abandoned for six (6) consecutive months, then the use shall not be reestablished or resumed, and any subsequent use of the land or structure shall conform to the requirements of these regulations.

6.

Where a structure in which the nonconforming use is located is destroyed or damaged (either gradually or suddenly) to fifty (50) percent or more of its assessed value, the use shall not be reestablished or resumed and the structure may be repaired or restored only for uses which conform to the standards of these regulations for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the Zoning Administrator by comparing the estimated cost of repairs or restoration with the assessed value. In the event that such damage or destruction occurs suddenly and is less than fifty (50) percent of the cost of reconstructing the entire building or structure, no repairs or construction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently pursued to completion. In the case of gradual destruction where the damage to the structure does not total more than fifty (50) percent of its assessed value, the reconstruction must commence within six (6) months after discovery that the extent of the destruction or damage approached fifty (50) percent of its assessed value and must be diligently pursued to completion.

9.1.3

Nonconforming Structures. If a nonconforming structure is destroyed or damaged (either gradually or suddenly) to fifty (50) percent or more of its assessed value it may be repaired or restored only if the structure conforms to the standards of these regulations for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the Zoning Administrator by comparing the estimated cost of repairs or restoration with the assessed value.

9.1.4

Nonconforming Vacant Lots.

1.

Except as provided below in subsection 9.1.4-2, a nonconforming vacant lot may be used for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all limitations and minimum requirements for setbacks, height, open space, and floor area established in these regulations for the zoning district in which the lot is located.

2.

If two (2) or more adjacent and vacant nonconforming lots are in single ownership at any time, and such lots individually have less frontage or area than the minimum requirements of the district in which such lots are located, then such lots shall be considered and treated as a single lot or several lots which meet the minimum requirements of these regulations for the district in which such lots are located.

3.

Notwithstanding the limitation in subsection 9.1.4-1, above, a nonconforming vacant lot may be used for a single-family dwelling, provided that:

a.

The lot is located in a district in which dwelling units are permitted; and

b.

All other development standards are met.

9.1.5

Termination of Status as Nonconforming.

1.

Notwithstanding the provisions of Section 9.1.2, Nonconforming Uses Located in Structures Adaptable to Permitted Uses, above, a nonconforming use or structure may be deemed to be in conformity with these regulations, and may be allowed to continue and to expand as a lawfully existing use or structure, through the issuance of a special use permit in accordance with the provisions of this subsection.

2.

To establish a nonconforming use or structure as a lawfully existing use or structure, the owner of the property, or his or her authorized agent, shall apply for a special use permit in accordance with the procedures established in Section 3.5 ("Special Use Permits") of these regulations.

3.

A special use permit shall not be issued for the nonconforming use or structure unless it will be compatible with the surrounding area and will be improved according to the following requirements:

a.

Buffers. A buffer conforming to the standards of Section 7.6 ("Landscaping and Bufferyards") shall be provided between the nonconforming use or structure and any abutting lot.

b.

Off-Street Parking. Any off-street parking area located on the lot shall be improved to meet the landscaping standards established in Section 7.6 ("Landscaping and Bufferyards") for or the zoning district in which the parking area is located.

9.1.6

Issuance of Special Use Permit.

1.

Upon determining that the nonconforming use or structure satisfies all of the above requirements and that a fee has been paid pursuant to Section 1.6 ("Review Fees"), the Zoning Administrator shall recommend approval to the Zoning Board of Appeals for that use or structure or for the expansion of that use or structure. The special use permit shall specifically state how the nonconforming use or structure differs from the regulations and standards set forth in these regulations.

2.

Upon receipt of the special use permit, the use or structure shall no longer be treated as a nonconformity and shall be allowed to continue as a lawfully existing use or structure unless it is abandoned or discontinued for six (6) months or unless the structure in which the use is located is destroyed or damaged to one hundred (100) percent of its assessed value. This status as a lawfully existing use shall apply only to the specific use or structure for which the permit is issued and not to any other use or structure that may be located on the lot.

3.

In no event shall the use or structure be allowed to expand to greater than fifty (50) percent of the floor area or lot area that it occupied on the effective date of these regulations or on the effective date of any amendment to these regulations which rendered the use or structure nonconforming.

9.1.7

Time Line for Compliance. Upon discovery by the County, owners and occupants of nonconforming uses or structures shall be notified by certified mail of possible nonconformance with this section. The owners, occupants, or agents thereof shall apply for a nonconforming use certificate within thirty-five (35) days after notification of possible noncompliance. Failure to make such an application within thirty-five (35) days shall be prima facie evidence that the structure or use of the land is an illegal use and not a nonconforming use. Applications shall include all evidence necessary to show conclusively the existence and the extent of the nonconformity. This evidence shall be in written form and may include photographs and building plans.

9.1.8

Record of Nonconforming Use Certificates. The Zoning Administrator shall make and keep a record of all nonconforming buildings, structures and land uses. This record shall include all evidence submitted with the application.

9.1.9

Nonconforming Use Certificate. If a nonconforming use is established as a result of the requirements in Section 9.1.3, Nonconforming Structures, or 9.1.4, Nonconforming Vacant Lots, above, then the Zoning Administrator shall issue a Nonconforming Use Certificate. The fee for such service is set forth in Appendix A.