The purpose of this chapter is to regulate and limit the continued existence of lawfully created uses, structures, and parcels, and legally created uses, structures and parcels which do not satisfy the current provisions of this title regarding parking, landscaping, signs, or other development standards including building height, building design, setbacks, and other dimensional standards established before the enactment of this title, or any amendments that do not conform to the provisions of this title.

These nonconforming uses may continue; but the intent is to limit substantial investment in nonconforming uses and structures and when necessary to preserve the integrity of this title to bring about their eventual elimination.

(Ord. No. 18-281, 2-6-2018)

1.

A "nonconforming use" means any use of land which was lawfully established prior to the adoption of this title or amendments thereto, or lot which was created on or after July 1, 1999, which would not be permitted under the current provisions of this title. This includes any use which was lawfully established without a discretionary review, and would require that review under the current provisions of this title.

2.

A "substandard development" means a lawfully improved lot or parcel, including any structure thereupon, which does not satisfy the current provisions of this title regarding parking, landscaping, signs, or other site development standards including building height, building design, setbacks or other dimensional standards.

(Ord. No. 18-281, 2-6-2018)

A lawful use of land or buildings not in conformance with the regulations prescribed in this title but legally existing before the enactment of this title or any amendments may be a continued nonconforming use.

(Ord. No. 18-281, 2-6-2018)

1.

Abandonment is any cessation of a use regardless of intent to resume the use. In considering whether a use is abandoned, the administrator shall consider any combination of the following:

a.

Failure to maintain regular business hours, typical or normal for the use;

b.

Failure to maintain equipment, supplies or stock-in-trade that would be used for the active operation of the use;

c.

Failure to maintain utilities that would be used for the active operation of the use;

d.

Failure to pay taxes, including but not limited to sales tax, workers' compensation taxes, corporate taxes that would be required for the active operation of the use;

e.

Failure to maintain required local, state or federal licenses or other approvals that would be required for the active operation of the use;

f.

Failure to maintain applicable business license(s); and

g.

Other relevant evidence.

2.

If a nonconforming use ceases for a continuous period of more than two years, or is superseded by a permitted use for a period of at least two years, the nonconforming use is deemed abandoned and shall not be reestablished.

(Ord. No. 18-281, 2-6-2018)

1.

A nonconforming use of land or building may not be extended or expanded more than ten percent of the area lawfully occupied by the nonconforming use as of the date on which it became nonconforming, except with a special use permit. The extension or expansion must not extend onto an additional parcel.

2.

Any enlargement of a nonconforming use not requiring a special use permit must be reviewed and approved by the director of planning for conformance with this chapter.

(Ord. No. 18-281, 2-6-2018)

The area of any lot created on or after July 1, 1999 must not be less than the minimum area required by the respective zone. Where an existing lot has less area than required in the zone, but was recorded before July 1, 1999 or any amendments that make the lot nonconforming, the lot may remain at its existing size and be developed with the uses allowable in the zone. A variance pursuant to Chapter 17.03 Administrative provisions, will be required if building setback requirements cannot be met.

(Ord. No. 18-281, 2-6-2018)

A lawful use of nonconforming land or buildings, including house trailers or mobile homes, which is operationally abandoned or discontinued for a period of one year or more, may not be resumed or re-established.

(Ord. No. 18-281, 2-6-2018)

Nonconforming buildings that have been damaged or destroyed by natural calamity may be repaired or reconstructed within one year from the date of damage; provided the repaired or reconstructed building is same as the previous use and the repairs cost less than fifty percent of the fair market valuation.

(Ord. No. 18-281, 2-6-2018)

The building and planning departments have the responsibility to ensure compliance with this chapter. If either or both department determine that a use or structure no longer meets the requirements of a legally created nonconforming structure or use, the department will file a report with the reason for the determination and a recommendation with the board. Personal notice must be given to the owner of the nonconforming structure and a hearing must be set within thirty days of the date the notice is mailed specifying the time and place of the hearing. The board must decide whether the use or structure is required to meet the provisions of this title.

(Ord. No. 18-281, 2-6-2018)

1.

Applicability. Substandard development means a lawfully improved lot or parcel, including any structure thereupon, which does not satisfy the current provisions of this title regarding parking, landscaping, signs, or other site development standards including building height, building design, setbacks or other dimensional standards.

2.

Alteration, extension, or expansion. A structural alternation, including an extension or expansion of a nonconforming structure is allowed if it:

a.

Does not increase the applicable nonconformity; and

b.

Does not involve or create a nonconforming use or substandard development.

3.

Maintenance, repairs, and alterations. Routine maintenance of nonconforming structures is permitted, including necessary non-structural repairs, paint, and incidental alternation which do not extend or intensify the nonconformity.

4.

Right to continue a substandard development. A substandard development may continue to be occupied and used for any purpose permitted by this tile unless it becomes a public nuisance or is damaged or destroyed as provided in this title.

5.

Intensification of a substandard development.

a.

Intensification of a substandard development (order "intensify") is any:

i.

Increase in lot coverage;

ii.

Increase in building floor area; or

iii.

Increase in building height.

b.

A substandard development must not intensify unless the incremental changes and/or additions meet the current requirements of this title, except as provided below.

c.

If the development is substandard as to parking, the intensification is not allowed unless the entire development provides at least seventy-five percent of the currently required parking.

d.

If the development is substandard as to landscaping requirements in the county design standards manual, the intensification of the use is not allowed unless the entire development provides at least sixty-five percent of the county required landscaping.

e.

If the development is unable to meet the requirement of this section, the changes or enlargements to a substandard development may be approved through a special use permit when the proposed changes are not detrimental to the public health, safety, and welfare.

(Ord. No. 18-281, 2-6-2018)