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Teton County Unincorporated
City Zoning Code

ARTICLE 1

GENERAL PROVISIONS

Division 1.1.- Title

This Resolution shall be known as the "Teton County Land Development Regulations" and may also be referred to as "the LDRs" or "these LDRs."

(1/1/15)

Division 1.2. - Authority

The Board of County Commissioners of Teton County (hereinafter "County") has the authority to adopt these LDRs in accordance with the Wyoming Constitution, Section 18-5-202, et seq., Section 18-5-301, et seq., Section 9-9-101, et seq., and Wyo. Stat. § 34-12-101, et seq., and such other authorities and provisions that are established in the statutory and common law of the State of Wyoming.

(1/1/15)

Division 1.3. - Purpose and Intent

Based on the legislative discretion of the Board of County Commissioners, these LDRs are in accordance with the Jackson/Teton County Comprehensive Plan. Their purpose is to implement the Jackson/Teton County Comprehensive Plan and promote the health, safety, and general welfare of the present and future inhabitants of the community with the intent listed below.

(1/1/15)


Division 1.8. - Transitional Provisions

This Division establishes standards for how the current LDRs apply to existing applications and approvals. The standards of this Division apply to applications and approvals made under previous LDRs. The standards of this Division also apply to applications and approvals made before these LDRs were amended.


Division 1.10. - Severability

The legislative intent of the Board of County Commissioners in adopting these LDRs is that if any article, division, section, subsection, paragraph, clause, provision, or portion of these LDRs is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these LDRs shall not be affected.

(1/1/15)

1.3.1. - Implement the Community Vision.

Preserve and protect the area's ecosystem in order to ensure a healthy environment, community, and economy for current and future generations.

1.3.2. - Implement the Common Values of Community Character.

A.

Ecosystem Stewardship.

1.

Maintain healthy populations of all native species and preserve the ability of future generations to enjoy the quality natural, scenic, and agricultural resources that largely define our community character.

2.

Emit less greenhouse gases than we did in 2012.

B.

Growth Management.

1.

Direct at least 60% of future growth into Complete Neighborhoods to preserve habitat, scenery and open space and provide workforce housing opportunities.

2.

The Town of Jackson will continue to be the primary location for jobs, housing, shopping, educational, and cultural activities.

C.

Quality of Life.

1.

Ensure a variety of workforce housing opportunities exist so that at least 65% of those employed locally also live locally.

2.

Develop a sustainable, vibrant, stable and diversified local economy.

3.

Travel by walk, bike, carpool, or transit will be more convenient than travel by single-occupancy vehicle.

4.

Timely, efficiently, and safely deliver quality services and facilities in a fiscally responsible and coordinated manner.

(1/23/23)

1.3.3. - Implement the Illustration of Our Vision.

A.

Achieve the desired future character identified for each Character District.

B.

Implement the policy objectives for each Character District.

C.

Achieve the character-defining features identified for each Subarea.

1.3.4. - Predictable Regulations, Incentives, and Allowances.

A.

Ensure standards are consistently applied to similar applications and circumstances.

B.

Ensure landowners, the public, and decision-makers know the amount, location, and type of growth to expect.

C.

Use data analysis and best practices to inform standards and implement the adaptive management philosophy of the Growth Management Program.

1.3.5. - Coordination Between Jurisdictions.

A.

Implement the joint Town/County Vision through coordinated, supportive actions.

B.

Maintain a common structure, format, and definitions in Town and County LDRs.

1.4.1. - Organization of the County Zoning and Subdivision Regulations.

These LDRs constitute the County's zoning and subdivision regulations. They have two organizing principles. Primarily, they are organized by zone in order to implement and emphasize the community's character-based planning approach. Secondarily, to provide ease of use, they are organized to answer three questions:

What can be built or physically developed?

What uses are allowed?

How can the land be developed or subdivided?

The LDRs contain nine articles.

General
Article 1:
General Provisions
This Article establishes the purpose and intent of the LDRs and the zones. It includes general provisions that identify the County's authority to adopt the LDRs, outlines the organization of the LDRs, and establishes to whom the LDRs apply. It also establishes the rules governing nonconformities.
Article 9:
Definitions
This Article consolidates definitions for terms necessary to understand and enforce the LDRs. It also provides rules of construction for interpreting terms, rules of measurement that establish methodologies for the measurement for common standards (e.g., setbacks, height, etc.), and a list of abbreviations.
Zone Specific Standards
Articles 2—4 establish the zones and zone standards. Each zone section includes a purpose and intent statement, the specific standards applicable in the zone, and the general standards from Articles 5—7 that may be applicable in the zone. The provisions in each zone are organized by: Physical Development, Use and Development Options and Subdivision.
Article 2:
Complete Neighborhood Zones
This Article establishes the zones that implement the vision for Complete Neighborhoods identified in the Illustration of Our Vision Chapter of the Jackson/Teton County Comprehensive Plan.
Article 3:
Rural Area Zones
This Article establishes the zones that implement the vision for Rural Areas identified in the Illustration of Our Vision Chapter of the Jackson/Teton County Comprehensive Plan.
Article 4:
Special Purpose Zones
This Article establishes the resort, civic, and other special purpose zones that apply to unique places in the community to protect and support their special character.
Standards Applicable to All Zones
Articles 5—7 establish the physical development, use, development option and subdivision standards that apply across multiple zones. These standards may only apply in certain overlays, or may apply in all zones. They apply in conjunction with the zone-specific standards of Articles 2—4.
Article 5:
Physical Development Standards
This Article establishes the standards for the location, mass, and form of physical development. Environmental, scenic, and natural hazard protections, as well as landscaping, sign, stormwater, and grading and erosion control standards are also included. Standards applicable in the Natural Resource and Scenic Resources Overlays are established in this Article.
Article 6:
Use Standards
This Article establishes and defines the allowed uses. Use-based standards such as parking and affordable workforce housing are included in this Article, as are operational standards.
Article 7:
Development Option & Subdivision Standards
This Article establishes and defines the allowed development options. It also establishes subdivision standards and includes subdivision-based requirements such as development exactions, required transportation facilities and required utilities.
Administration
Article 8:
Administrative Procedures
This Article establishes the procedures and review standards for the permits or approvals that are used to ensure development complies with the standards of these LDRs. It also establishes the enforcement provisions for the LDRs. The applicable procedures are referenced within the zone standards (Articles 2—4) and standards applicable in all zones (Articles 5—7).

 

(7/18/18)

1.5.1. - Effective Date.

These LDRs shall become effective on January 1, 2015, and repeal and replace the Teton County Land Development Regulations, as originally adopted on May 9, 1994, as subsequently amended. This repeal does not revive any other provisions, resolutions, ordinances, codes, or other regulations repealed by the aforementioned Resolution.

(1/1/15)

1.5.2. - General Applicability.

A.

These LDRs shall apply to all physical development, use, development options, and subdivision in unincorporated Teton County, unless expressly provided to the contrary in these LDRs.

B.

Unless exempted, no land shall be physically developed, used, or subdivided without compliance with these LDRs and all other applicable County, state, and federal regulations.

(1/1/15)

1.5.3. - Application to Governmental Entities.

A.

Teton County and the Town of Jackson. Physical development, use, exercise of development options and subdivision by the County or the Town, and their respective agencies, shall comply with the procedures and standards of these LDRs.

B.

All Other Governmental Entities. Physical development, use, exercise of development options and subdivision by the State of Wyoming, the federal government, and all other government entities and their respective agencies, shall comply with the procedures and standards of these LDRs to the extent permitted by law.

(1/1/15)

1.6.1. - References to Other Laws or Documents.

Whenever any provision of these LDRs refers to or cites a section of the Wyoming Statutes, the federal statutes, or any other document, and that section, statute, or document is later amended or superseded, these LDRs shall be deemed amended to refer to the amended section or the section that corresponds to the superseded section.

(1/1/15)

1.6.2. - Certain Maximums Not Guaranteed.

Maximum densities and intensities are not guaranteed to be achievable by the terms of these LDRs. All standards and requirements shall be met and actual achievable densities and intensities may be limited by factors such as product type, site location and configuration, natural and scenic resource limitations, or parking requirements. Maximum densities and intensities also may be limited if the infrastructure and access required to serve them impacts the natural or wildlife resources or natural and scenic resource limitations on infrastructure that access the site.

(5/1/25)

1.6.3. - Conflicts Within These LDRs.

Where provisions of these LDRs are in direct conflict, the zone-specific provision shall govern. If neither provision is zone-specific, the provision that is more specific to the characteristics of the application being reviewed shall govern. Where the text of these LDRs and examples or images may conflict, the text shall govern.

(1/4/21)

1.6.4. - Conflicts with Other County Codes or Regulations.

If a provision of these LDRs is inconsistent with a provision found in other adopted rules or regulations of the County, the more restrictive provision shall govern.

(1/1/15)

1.6.5. - Conflicts with State or Federal Law.

If a provision of these LDRs is inconsistent with a provision found in the law or regulations of the state or federal government, the more restrictive provision shall control, to the extent permitted by law. The County shall not be responsible for enforcing state or federal law, nor shall compliance with these LDRs absolve any responsibilities under state or federal law.

(1/1/15)

1.6.6. - Conflicts with Private Agreements.

Nothing in these LDRs is intended to supersede, annul, or interfere with any easement, covenant, deed restriction, or other agreement between private parties, but such agreements shall not excuse a failure to comply with these LDRs. The County shall not be responsible for monitoring or enforcing private agreements.

(1/1/15)

1.7.1. - General.

The purpose of this Section is to establish the zones and overlays that regulate physical development, use, development options, and subdivision. Zone and overlay standards are established in order to achieve the desired future character articulated in the Jackson/Teton County Comprehensive Plan. The zones are grouped into Complete Neighborhood zones, Rural Area zones, and Special Purpose zones based on the vision of the Comprehensive Pan. Zones are further organized into character zones and legacy zones. Character zones are character-based and established to implement the Comprehensive Plan. Legacy zones are carried forward from the previous LDRs and it is the intent that they will be phased out over time as character zones are adopted and applied.

(1/1/15)

1.7.2. - Establishment of Zones and Overlays.

The unincorporated area of Teton County is divided into the minimum number of zones necessary to achieve the vision of the Jackson/Teton County Comprehensive Plan and the purpose and intent of these LDRs. The zones are established in Articles 2—4. Overlays address critical issues that cross more than one zone and are established in Article 5 and Article 6.

(1/1/15)

1.7.3. - Official Zoning Map Incorporated by Reference.

The zones and overlays established by these LDRs are bounded and defined as shown on the Teton County Official Zoning Map (hereinafter "Official Zoning Map"). The Official Zoning Map, and all explanatory materials contained thereon, is hereby established and adopted as part of these LDRs, incorporated into these LDRs by reference, and made a part hereof. The Official Zoning Map is located on the Teton County Map Server at http://maps.greenwoodmap.com/tetonwy/mapserver/. A hard copy of the Official Zoning Map is available for inspection in the Planning Department during normal business hours.

(1/1/15)

1.7.4. - Interpretation of Official Zoning Map Boundaries.

The following rules shall be used to determine the precise location of any zone boundary shown on the Official Zoning Map:

A.

Jurisdictional Boundaries. Boundary lines shown as following or approximately following County or Town boundaries shall be construed as following such limits.

B.

Streets or Alleys. Boundary lines shown as following or approximately following streets or alleys shall be construed as following the centerline of such streets or alleys.

C.

Street Vacations. Whenever any street is lawfully vacated, and the lands within the boundaries of the vacated land attach to and become a part of lands adjoining such street, the lands formerly within the vacated street shall be subject to the same zone classification that is applicable to lands to which the vacated land attaches.

D.

Section Lines, Platted Lot Lines, Park or Forest Service Boundaries. Boundary lines shown as following, or approximately following, current or past, section lines, platted lot lines, park or forest service boundaries, or other property lines shall be construed as following such lines.

E.

Streams or Rivers. Boundary lines shown as following, or approximately following, the centerline of streams, or rivers, or other continuously flowing watercourses shall be construed as following the thread of the channel of such watercourses. In the event of a natural change in the location of such streams, rivers, or other watercourses, the zone boundary shall be construed as moving with the thread. In any instance where the thread extends beyond a County boundary, the boundary shall become coterminous with the County boundary.

F.

Ridgelines. Boundaries following or approximately following ridgelines shall be construed as following such lines.

G.

Bench Lines or Levees. Boundaries shown as following or approximately following bench lines shall be construed as following the top of the bench. Boundaries shown as following or approximately following levees shall be construed as following the upland toe of the levee where the slope sharply increases.

H.

Vegetation Lines. Boundaries shown as following or approximately following vegetation lines shall be deemed to follow the vegetation line that existed on June 13, 1993, on Horizon aerials, which are incorporated into these LDRs by reference, or the current vegetation line, whichever results in the largest area in the most restrictive zone. Copies of the Horizon aerials are available in the County Planning Department.

I.

Parallel Boundaries. Boundaries shown as separated from, and parallel or approximately parallel to, any of the features identified above, shall be construed to be parallel to such features and at such distances as shown on the Official Zoning Map.

J.

Map Scale. Where the location of a zone boundary cannot be determined by one or more of the methods provided in this Section, it shall be determined by use of the map scale shown on the Official Zoning Map.

(1/1/15)

1.7.5. - Sites in Multiple Zones.

A site in more than one zone may be used and developed as a single site.

A.

Minimum Site Area. The entire site may be used to meet minimum site area requirements in either zone.

B.

Maximum Density/Intensity. The density or intensity calculation shall be based on the acreage existing in each zone.

C.

Location. In general, the majority of development shall be located in the area that is designated for higher intensity use. This standard may be deviated from if it can be demonstrated that the location proposed will improve scenic views and lessen adverse environmental impacts.

(1/1/15)

1.7.6. - Change of Jurisdiction.

When land changes jurisdiction by transfer, trade, or sale from state or federal agencies to a private landowner, the land shall be assigned to an appropriate zone, pursuant to the procedure of Section 8.7.2, prior to any physical development, use, development option, or subdivision of the land.

(4/1/16)

1.8.1. - Applicable LDRs for Review Determined at Sufficiency.

An application shall be processed in good faith under the standards and procedures of the LDRs in place at the time the application is determined sufficient. An application that is substantially changed following being determined sufficient, or an application that fails to comply with the required time frames or any terms or conditions of its approval, shall expire and future applications shall be subject to the current LDRs.

(1/1/15)

1.8.2. - Approved Permits and Approvals.

A.

Approvals Valid Until Expiration.

1.

A permit or approval shall remain valid until its expiration date and may be carried out in accordance with the terms and conditions of the approval. If the permit or approval is completed, expires, or is revoked (e.g., for failure to comply with the terms and conditions of approval), any subsequent application shall be subject to the current LDRs.

2.

A pre-application conference, zoning compliance verification, environmental analysis, neighborhood meeting, or other review or action completed prior to submittal of an application shall not constitute an approval that may be carried out in exception to Section 1.8.1.

B.

Nonconformities. A lawfully established physical development, use, development option or subdivision that does not comply with these LDRs is nonconforming and subject to the provisions of Division 1.9.

C.

PUDs and Other Special Projects. The following projects shall remain valid and shall not be considered nonconforming regardless of their compliance with these LDRs; however, references to previous LDRs in a project's approval shall be construed to reference the equivalent standard in these LDRs.

1.

Planned Unit Developments (PUDs) with PUD zoning.

a.

The standards of the PUD shall apply except where the PUD is silent, in which case the standards of the underlying zoning shall apply.

2.

Planned Unit Developments (PUDs) approved under a PUD regulation, that can demonstrate common law vested rights in accordance with state law, but do not have PUD zoning.

3.

The following development projects for which master plans were recorded either prior to the County's Land Use and Development Regulations Resolution and the Subdivision Regulations Resolution of Teton County, adopted on December 6, 1977, or which are otherwise recognized by the County by being listed in this Section.

a.

Bar J Chuckwagon.

b.

Four Lazy F Ranch (renamed 3 Creek Ranch in 2003).

c.

Lake Creek Ranch.

d.

Targhee Village, as amended by that instrument dated the 15th of September, 1995, and recorded in the records of the Clerk of Teton County on the 22nd of September, 1995 in Book 310 of Photo, pages 136—139.

e.

Moulton Ranches (located in the SE 1/4 and E 1/2 of SW 1/4 of Section 22, Township 42 North, Range 116 West)—but only insofar as the minimum permitted lot size is 2.25 acres.

f.

C Bar V Ranch, with no conditions, according to the amended master plan approved by the Teton County Board of County Commissioners on September 25, 1997.

g.

Aspens Commercial District.

(1/4/21)

1.8.3. - Amendments to Approved Permits and Approvals.

A proposed minor deviation or amendment to an existing permit or approval shall be reviewed pursuant to the standards and procedures of Section 8.2.13.

(1/1/15)

1.8.4. - Transition to New Zones.

Reserved.

(1/1/15)

1.8.5. - Voluntary Compliance with These LDRs.

A landowner subject to an existing approved permit or approval may voluntarily extinguish and void the approved permit or approval upon approval of an application in accordance with the current LDRs.

(1/1/15)

1.8.6. - Violations Continue.

Any violation of the previous LDRs shall continue to be a violation under these LDRs, unless the physical development, use, development option, or subdivision complies with the express terms of these LDRs.

(1/1/15)

1.9.1. - General Applicability.

A.

Purpose. There exist physical developments, uses, development options, subdivisions, and signs that were lawfully established before these LDRs were adopted or amended, which now do not conform to these LDRs. It is the intent of these LDRs to allow these nonconformities to continue until they are discontinued, but not to encourage their expansion except under the standards established in this Division. The purpose of this Division is to establish standards to allow the continued existence of those nonconforming physical developments, uses, development options and subdivision, and signs.

B.

Applicability. This Division applies to nonconformities. A nonconformity is a lawfully established physical development, use, development option, subdivision, or sign that does not comply with these LDRs. A physical development, use, development option, subdivision, or sign that has been granted relief pursuant to Division 8.8 is not nonconforming.

C.

Authority to Continue. Nonconformities are allowed to continue in accordance with the requirements of this Division.

D.

Determination of Nonconformity Status. The burden of establishing that a nonconformity lawfully exists shall be the responsibility of the landowner. The landowner shall provide to the Planning Director photos, permits, licenses, records, or other documentation that establishes the date the nonconformity was established and the continuous existence of the nonconformity since establishment.

E.

Nonconformity Runs with the Land. A nonconformity shall run with the land. No change of ownership or right to possession of land shall prevent the continuance of a nonconformity. Nor shall a nonconformity be relocated unless the relocation results in compliance with these LDRs.

F.

Increase in Nonconformity. Except as authorized by this Division, no person shall engage in activity that increases a nonconformity. Where authorized, the cumulative total of an expansion is the sum of all expansions from the date the physical development, use, development option, or subdivision became nonconforming, including all expansions under prior LDRs if the nonconformity began under prior LDRs and remains nonconforming.

G.

Multiple Nonconformities. On a site with multiple nonconformities, the standards of this Division shall apply to each nonconformity separately, unless stated otherwise.

EXAMPLE:In the case of a nonconforming use within a nonconforming physical development, the nonconforming use shall be subject to the standards of Section 1.9.3 and the nonconforming physical development shall be subject to the standards of Section 1.9.2.

H.

Life Safety. Life safety modifications to existing structures or sites that are required by local, state, or federal government shall be exempt from the requirements in this Division.

I.

Occupancy Prohibited. If a structure or site, or portion thereof, becomes physically unsafe or unlawful due to lack of repairs, maintenance, payment of taxes, or other reason and the County declares occupancy of the structure or site to be prohibited, it shall be removed, rebuilt, redeveloped, reused, or repaired in conformance with these LDRs.

J.

Government Acquisition. If a conforming physical development, use, or lot of record becomes out of compliance with these LDRs due to governmental acquisition of a portion of the lot of record for a public purpose, the physical development, use, or lot of record shall be considered conforming and future physical development, use, development options and subdivision of that lot of record shall comply with these LDRs to the maximum extent practicable.

(1/1/17)

1.9.2. - Nonconforming Physical Development.

A.

Applicability. Nonconforming physical development is declared generally incompatible with the character of the zone or overlay in which it is located. This Section shall apply to lawful physical development (other than signs) that does not meet the physical development standards applicable to the zone or overlay. Physical development standards applicable to all zones are found in Article 5. Physical development standards applicable to specific zones are found in Subsection B of the zone-specific sections found in Articles 2—4.

B.

Maintenance, Alteration, Expansion, and Replacement. Maintenance, alteration, expansion, and replacement of a nonconforming physical development shall only be permitted if all four of the following standards are met.

1.

No Increase in Nonconformity. Maintenance, alteration, replacement, or expansion shall not increase the nonconformity and shall otherwise comply with all applicable standards of these LDRs.

2.

Maintenance, Alteration, and Expansion. A nonconforming physical development may be maintained, altered, or expanded.

3.

Replacement. A nonconforming physical development shall be brought into compliance with all applicable standards of these LDRs upon willful demolition of any structural support for the portion of the physical development that is nonconforming. Except that this subsection shall not prohibit any of the following.

a.

Replacement After Damage by Natural Disaster. A nonconforming physical development that is demolished or destroyed by a natural disaster or through any manner not willfully accomplished by the owner, regardless of the extent of the demolition or destruction, may be replaced to the nonconforming condition that existed prior to the damage.

b.

Interior Remodel. Interior remodel of a nonconforming building.

EXAMPLE:A site has an existing 2,000-sf home that is partially located in a creek setback. Any interior remodel is allowed without resolving the nonconformity. Any nonstructural modification to the exterior of the building (i.e., re-siding, re-roofing, replacing windows) is allowed without resolving the nonconformity. Any expansion is allowed without remedying the nonconformity as long as the addition meets all LDRs. But, if the portion of the building in the setback is willfully demolished it cannot be built back.

c.

Historic Building. A building included on the Teton County Historic Preservation Board (TCHPB) list of historically significant properties, or otherwise deemed in writing by the TCHPB to be historically significant, may be structurally rehabilitated in its historic location if the rehabilitation is approved by the TCHPB as retaining the historic significance of the building.

4.

Complete Within 18 Months. Maintenance, alteration, replacement, or expansion of an existing nonconforming physical development pursuant to this Section shall be completed, or an application to complete shall be sufficient, within 18 months of the date of commencement or destruction.

C.

Use, Development Options, and Subdivision.

1.

A nonconforming physical development shall be used in compliance with these LDRs. Nonconforming use of a nonconforming physical development shall be subject to Section 1.9.3.

2.

A nonconforming building shall not be subdivided into condominiums or townhomes, unless the subdivision brings the physical development into compliance with these LDRs.

3.

A boundary adjustment pursuant to Section 8.5.5 of a site that includes nonconforming physical development shall not increase the nonconformity of the physical development.

4.

A subdivision or development option on a site with nonconforming physical development shall require all physical development on the site, except existing buildings, comply with these LDRs.

(3/9/20)

1.9.3. - Nonconforming Uses.

A.

Applicability. A nonconforming use is declared generally incompatible with the character of the zone or overlay in which it is located. This Section shall apply to:

1.

A lawfully established use that is not allowed in the zone or overlay;

2.

A lawfully established conditional or special use that does not have an approved Conditional Use Permit or Special Use Permit; and

3.

A lawfully established use that does not comply with the use standards applicable to the zone or overlay. Use standards applicable to all zones are found in Article 6. Use standards applicable to specific zones are found in Subsection C of the zone-specific sections found in Articles 2—4.

B.

Expansion. Expansion of a nonconforming use shall comply with the following standards; except that, a nonconforming use that does not utilize site development shall be exempt from this subsection.

1.

A nonconforming use may only be expanded a cumulative total of 20% in the floor area and site area occupied and/or the daily and annual duration of operation.

2.

An expansion of a nonconforming use shall not create or increase nonconformity with use-based standards such as parking and affordable workforce housing.

3.

An expansion of a nonconforming use shall comply with all physical development, development option, and subdivision standards of these LDRs.

4.

An expansion of a use that is nonconforming because it does not have an approved CUP or SUP requires approval of a CUP or SUP upon 20% cumulative total expansion in the floor area and site area occupied and/or the daily and annual duration of operation.

C.

Change in Use. A nonconforming use may be changed to another nonconforming use provided all three of the following standards are met.

1.

The new use is a materially less intense nonconforming use. The determination of the level of intensity shall include, but is not limited to, consideration of traffic generated (amounts and type), impacts on access, parking demand, proposed level of activity, operational characteristics, and other potentially adverse impacts on neighboring lands.

2.

The new use shall not create or increase nonconformities with use-based standards such as parking and affordable workforce housing.

3.

The new use shall obtain a Conditional Use Permit pursuant to Section 8.4.2.

D.

Discontinuance.

1.

If a nonconforming use is operationally discontinued for a period of more than one year, whether or not the equipment or furniture is removed, the use shall not be reestablished or resumed, and any subsequent use of the site shall conform to these LDRs.

2.

When government action other than those described in Section 1.9.1(I), a natural disaster, or any other action not considered a willful act of the owner or occupant can be documented as the reason for discontinuance, the nonconforming use may be discontinued for longer than one year provided an application to reconstruct or reestablish the use is submitted to the Planning Director within one year from cessation of the use, and reconstruction or reestablishment is completed within the time period established in the permit approved for the reconstruction or reestablishment.

3.

Once a nonconforming principal use is discontinued, all associated accessory uses shall discontinue within 31 days or a sufficient application to permit each accessory use in association with another principal use shall be submitted within 31 days.

4.

Time spent maintaining, altering, replacing, or expanding a structure or site devoted to the nonconforming use is not considered a discontinuance of the use, provided:

a.

All appropriate permits or approvals are obtained;

b.

The maintenance, alteration, replacement, or expansion is completed within 18 months after commencement; and

c.

The use is reestablished within 31 days after completion of the maintenance, alteration, replacement, or expansion.

E.

Subdivision of a Nonconforming Use Prohibited. Subdivision or Exempt Land Division of a structure or land containing a nonconforming use shall constitute discontinuance of the nonconforming use.

(7/18/18)

1.9.4. - Nonconforming Development Options and Subdivisions.

A.

Applicability. A nonconforming development option or subdivision is declared generally incompatible with the character of the zone or overlay in which it is located. This Section shall apply to:

1.

Lawfully created developments or subdivisions that do not have the required development permits; and

2.

Lawfully created lots of record that were intended to be buildable but do not meet the development option or subdivision standards applicable to the zone or overlay. Development option and subdivision standards applicable to all zones are found in Article 7. Development option and subdivision standards applicable to specific zones are found in Subsection D of the zone-specific sections found in Articles 2—4.

B.

Use and Physical Development of a Nonconforming Lot of Record.

1.

Use and physical development of a nonconforming lot of record is permitted if the nonconforming lot of record was intended to be buildable and the use or physical development does not increase the nonconformity; except that, use or physical development of a nonconforming lot of record created through Exempt Land Division pursuant to Section 8.5.4 shall require that the lot of record comply with all standards of these LDRs except the standards of Division 7.2.

EXAMPLE:A parcel is subdivided through Family Subdivision. Pursuant to state statute, the new lots meet minimum lot size, but exaction requirements were not fulfilled at the time of the Family Subdivision. When an application for a building permit is submitted for one of the new lots, exactions requirements must be fulfilled, and road and utility standards must be met.

2.

Use and physical development of a nonconforming lot of record shall comply with all applicable standards of these LDRs.

C.

Change of Nonconforming Lot of Record. The boundaries of a nonconforming lot of record may be modified if the adjustment results in no increase in the nonconformity; except that, with regard to minimum lot size one nonconforming lot of record can be made more nonconforming in order to make another nonconforming lot of record less nonconforming if:

1.

The benefit of the increased compliance of one lot of record outweighs the detriment of the increased noncompliance of the other lot of record, resulting in a greater overall compliance with the intent and/or standards of these LDRs;

2.

The overall capability of the lots of record to safely accommodate physical development is not diminished, particularly by providing needed land area for water supply and wastewater systems; and

3.

The acreage transferred from one lot of record to another does not allow for increased density on the subject lots of record.

D.

Development Option and Subdivision. A nonconforming development option or lot of record shall not be included in a development option or subdivided, unless the development option or subdivision brings the development option or lot of record into compliance with these LDRs.

1.

Except that:

a.

A nonconforming development option that required recordation of a conservation easement may be subdivided if the conservation easement is recorded, and the subdivision otherwise complies with these LDRs; and

b.

Approved, but not yet subdivided, nonconforming density may be subdivided into the number of units prescribed if the subdivision otherwise complies with these LDRs.

(7/18/18)

1.9.5. - Nonconforming Signs.

A.

Applicability. A nonconforming sign is declared generally incompatible with the character of the zone in which it is located. This Section shall apply to any lawfully erected sign that does not comply with the requirements of Division 5.6.

B.

Maintenance, Alteration, Replacement, or Expansion.

1.

A nonconforming sign may be maintained.

2.

A nonconforming sign shall not be expanded, replaced, reworded (other than readerboard signs), redesigned or altered in any way, except to conform to these LDRs. Businesses that change names shall be required to conform to these LDRs.

C.

Multiple Tenant Structures. Structures with a previously approved master sign plan shall be permitted to replace signs on structures and freestanding signs, provided the replacement signs maintain the sign size previously approved for each business. The replacement signs shall conform to all other standards of these LDRs.

D.

Removal of Abandoned and Dangerous Nonconforming Signs. The classification and removal of abandoned, dangerous, and defective nonconforming signs shall be consistent with Section 5.6.2(H).

(2/22/16)

1.9.6. - Nonconforming Exterior Lighting.

A.

Applicability. A nonconforming lighting system or structure is declared generally incompatible with the character of the zone in which it is located. This Section shall apply to any lawful installed system or structure that does not comply with the requirement of Division 5.3. This Section does not apply to the changing or replacement of light bulbs.

B.

Maintenance, Alteration, Replacement, or Expansion.

1.

A nonconforming lighting system shall not be expanded, replaced, redesigned, or altered in any way except to conform to these LDRs.

2.

Replacement: A nonconforming lighting system shall be brought into compliance with all applicable standards of these LDRs if any of the following occur:

a.

The willful demolition, removal, or change of disposition of more than 50% of the total appraised value of a structure or fixture; or

b.

An application is submitted to the County Planning Department for a conditional use permit or building permit that is subsequently approved.

(10/4/22)