Subject to the provisions below for terminating nonconforming development, such development may, if otherwise lawful and in existence on the initial date of adoption of this Code, remain in use in its nonconforming state.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. Nonconforming development must be brought into full compliance with the use regulations in Article II of this Code, and the development design and improvement standards in Article V of this Code, in conjunction with the following activities:

1.

The gross floor area of the development is expanded by more than ten (10) percent, or more than four thousand (4,000) square feet, whichever is less. Repeated expansions of a development, constructed over any period of time commencing with the effective date of this Code, shall be combined in determining whether this threshold has been reached.

2.

For the purposes of this Code, structures existing as of the initial date of adoption of this Code shall be permitted to be rebuilt in the event of an accident as long as the gross density or intensity of the property is not increased and the land use remains consistent with that in effect as of the initial date of adoption of this Code, and as long as all adjoining property owners do not object to the continuance of the nonconforming use.

3.

A nonconforming structure or activity is left unoccupied for six (6) months or more.

B.

Special Provisions for Specific Nonconformities.

1.

Stormwater Management Requirements. Any water supply system or liquid or solid waste disposal facility which at the time of the application for a permit is found to be in violation of a Code requirement essential to public health shall be brought into compliance immediately.

2.

Parking and Loading Requirements. Historic structures and/or sites designated as such under the Land Use Regulation portion of this Code, may be granted relief from the provisions of this Code related to parking, loading, and open space requirements in order to preserve their historic character. The provisions of Section 8.02.00 shall apply in such cases.

3.

Nonconforming Signs. Any nonconforming sign as described in Section 8.00.02 shall be removed within five years of the adoption of the Code or of the amendment to the text or maps of the Code which causes such a sign to be classified as nonconforming. In the interim, a nonconforming sign may be continued and shall be maintained in good condition as required by this Code, but it shall not be:

(a)

Structurally changed to another nonconforming sign, but its pictorial content may be changed;

(b)

Structurally altered to prolong the life of the sign, except to meet safety requirements;

(c)

Altered in any manner that increases the degree of nonconformity;

(d)

Expanded;

(e)

Re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty (50) percent of the appraised replacement cost as determined by the Development Administrator;

(f)

Continued in use when a conforming sign or sign structure shall be erected on the same parcel or unit;

(g)

Continued in use when the structure housing the occupancy is demolished or requires renovations the cost of which exceeds fifty (50) percent of the assessed value of the structure;

(h)

Continued in use after the structure housing the occupancy has been vacant for six (6) months or longer.

4.

Nonconforming Outdoor Storage Activities. Any nonconforming outdoor storage activities as described in Section 8.00.02 shall be eliminated within one (1) year of the adoption of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Within two (2) years of the adoption of this Code a permit shall be obtained from the Planning Department at a cost identified in Section 10.09.00 describing a building, activity or structure which exists at the time of the adoption of the Code. The permit application may ask for information considered by the Development Administrator to be relevant to the administration of the Code. Such a permit shall be obtained by the person or firm conducting a business or other nonresidential activity employing two (2) or more persons; by the owner of an outdoor storage activity for vehicles, farm implements, boats or other large objects; by the owner or a water supply system or liquid or solid waste disposal facility which serves two (2) or more residences or serves a business or other nonresidential activity employing two (2) or more persons; by the owner of land or a building on which is attached a sign or outdoor advertising device which refers to a product or service not offered on the premises of the sign. No permit shall be required for the operation of a farm producing crops, livestock, dairy, or nursery products.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The Development Administrator shall indicate on the premises whether the activity or use is nonconforming and therefor subject to the rights limits above. The holder of a permit may appeal this determination by following the procedures of 10.08.00. Any structure or use for which a permit has not been obtained as required in this Section shall be considered as not having been in existence at the time of the adoption of the Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Washington County and its municipalities shall provide for condemnation relief which is intended to provide relief to property owners affected by the condemnation of property for road right-of-way expansion. This allows for a relaxation of requirements in this Land Development Code when necessary for the reasonable use of the property in situations where substandard parcels are created, existing structures are rendered nonconforming, available parking areas are reduced, or the reasonable use of the land is prevented. Such relief is only to be applied when, at the discretion of the Development Administrator, strict enforcement of the provisions of this Land Development Code would have the effect of increasing the cost of land acquisition to the condemning authority and/or causing undue hardship to the landowner. The following requirements shall apply to condemnation relief. Nonconformities existing prior to the condemnation shall not be grandfathered under this relief.

1.

Existing use areas of the property outside of the area condemned, but which, because of the condemnation, do not comply with the quantitative standards for setback, buffers, minimum lot size requirements, lot coverage, stormwater management, required parking, open space, or landscaping provisions of this Land Development Code, shall not be required to be reconstructed to meet such requirements, and the land and/or uses shall thereafter be deemed to be conforming properties/uses. The exemption created shall constitute a covenant of compliance running with the use of the land.

2.

Any previously conforming building, vehicular use area, or other permitted use taken either totally or partially may be relocated on the remainder of the site without being required to comply with the use and/or setbacks and other quantitative provisions of this Land Development Code. However, the relocated building, vehicular use area, or other permitted uses shall be set back as far as physically feasible without reducing the use or utility of said, as feasibility is determined by the Development Administrator. The exemption covering relocation of the building or use shall constitute a covenant of compliance running with the land.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)