7-10-1

Scope. The regulations of this Article govern nonconformities, which are lots, uses, buildings or signs that were lawfully established but—because of the adoption of new or amended regulations—no longer comply with one or more requirements of this ordinance.

7-10-2

Intent. Some buildings and uses that were established in compliance with regulations in effect at the time of their establishment have been made lawfully nonconforming by zoning map amendments or text amendments. The regulations of this Article are intended to clarify the effect of such nonconforming status and avoid confusion with illegal buildings and uses (those established in violation of county regulations). The regulations are also intended to:

(A)

Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

(B)

Promote maintenance, reuse and rehabilitation of existing buildings; and

(C)

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties or the county as a whole.

Commentary: the terms "nonconformity" or "nonconforming" are used throughout this ordinance to identify situations that were lawfully created but that no longer comply with applicable regulations because of changes in the rules after the situation (i.e., lot, use, structure, feature) was established. While the term "legal" or "lawful" is sometimes used in conjunction with the term "nonconforming" to emphasize this point, when the terms "nonconforming" or "nonconformity" are used alone, they will always be construed to be referring solely to lawfully created nonconforming situations.

7-10-3

Exemption. The regulations of this Article will not be construed to prohibit the reconstruction of any lawfully established nonconforming single-family residential structure if such structure is damaged or destroyed by a natural calamity or an accidental fire, provided that:

(A)

The extent of the nonconformity is not expanded in scale, scope or intensity beyond that of the original structure (e.g., the square footage of the replacement structure may not exceed that of the original structure);

(B)

Any dimensional nonconformities are corrected to the extent reasonable and practicable;

(C)

Adequate documentation (e.g., insurance report) is provided to demonstrate that the damage or destruction necessitating the reconstruction or total replacement, is the result of a natural calamity or an accidental fire;

(D)

A valid site plan and building permit for its reconstruction is applied for within 12 months of the date that the damage occurred; and

(E)

Any site plan and building permit issued under this exemption must be diligently pursued in good faith and result in issuance of a new certificate of occupancy within 24 months of the issuance of the site plan and building permit.

7-10-4

Authority to Continue. Any lawful nonconformity that existed on April 17, 2006, or situation that becomes a lawful nonconforming use, structure or feature upon adoption of any amendment to this ordinance, may be continued in accordance with the regulations of this Article.

7-10-5

Determination of Nonconforming Status. The burden of proving that a lawful nonconformity exists (as opposed to a violation of this ordinance) rests with the subject landowner.

7-10-6

Repairs and Maintenance.

(A)

Nonconformities must be maintained to be safe and in good repair.

(B)

Incidental repairs and normal maintenance necessary to keep a lawful nonconformity in sound condition are permitted unless otherwise expressly prohibited by this ordinance.

(C)

Nothing in this Article will be construed to prevent lawful nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from an authorized county official.

7-10-7

Change of Tenancy or Ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.

[Amended on 9/15/2014 by OA 02-14]

7-11-1

Definition. A nonconforming lot is a tract of land that was lawfully established in accordance with all regulations in effect at the time of its establishment but which no longer complies with applicable lot area, lot width or lot frontage standards because of an amendment to the zoning map or to other applicable regulations.

7-11-2

Use of Nonconforming Lots.

(A)

In Residential zoning districts, a single-family detached dwelling may be erected on a nonconforming lot.

(B)

In nonresidential zoning districts (e.g., commercial and industrial districts), a nonconforming lot may be developed with a use allowed within the subject zoning classification. If the zoning allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area and lot width standards, while others would not, then only the uses or intensities that comply with applicable standards are permitted.

7-11-3

Dimensional Standards. Development on nonconforming lots must comply with all other applicable standards of the subject zoning classification (e.g., setback, impervious coverage, height, etc.), unless otherwise expressly stated.

7-12-1

Defined. A nonconforming use is a use of land or structures that lawfully existed, or for which a vested right was established, before the adoption or amendment of this ordinance but that fails, by reason of such adoption or amendment, to conform to the use regulations of the zoning district in which the use is located.

7-12-2

Regulations.

(A)

Changing a nonconforming use to a conforming use is encouraged, but not required. Except as otherwise provided in paragraphs 7-12-2(B) through 7-12-2(D), a nonconforming use may be continued so long as it remains otherwise lawful.

(B)

No nonconforming use may be extended, expanded, enlarged, or moved to occupy a different or greater area of land or structures than was occupied by the use when it became nonconforming without first obtaining a Special Use Permit issued by the Board of Adjustment, subject to the following standards:

(1)

Any modification of an existing nonconforming use, structure or other element of development devoted to a nonconforming use must comply with all other applicable standards including, but not limited to, dimensional standards, parking, and bufferyard requirements.

(2)

Extensions, expansions, enlargements, and other modifications of existing nonconforming uses shall not, singularly or cumulatively, exceed 25 percent of the area occupied by the original nonconforming use at the time the nonconforming use was established.

(a)

The original nonconforming use area is determined by computing the gross floor area, which is to be measured as all of the floor area on each floor of the building, whether or not such area is enclosed by walls.

(b)

For outdoor uses, the use area is determined by the portion of the lot actually being used for the specified use (exclusive of parking areas and other accessory or ancillary features such as septic systems, stormwater devices, etc.)

(3)

If the original nonconforming use occupied a portion of a building and that building has not been enlarged since the establishment of the nonconformity, then the nonconforming use may be extended beyond 25 percent so long as it remains confined within the interior of the building.

(4)

In residential watershed districts, no expansion shall increase the storage capacity of hazardous materials including but not limited to gasoline, kerosene and diesel fuel.

(C)

If a structure or other element of development devoted to a nonconforming use is damaged to the extent of 50 percent or more of its current assessed taxable value or current appraised value, it may not be restored, reconstructed or replaced without first obtaining a Special Use Permit issued by the Board of Adjustment.

(D)

The Board of Adjustment is authorized to issue a Special Use Permit to allow a change from one nonconforming use to another nonconforming use of equal or less of intensity. In making a determination of equal or less intensity, the Board of Adjustment shall determine that the change will have less of an adverse impact on those most affected by it or will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for.

(E)

A discontinued nonconforming use may not be resumed if:

(1)

The nonconforming use ceases for more than 12 months, or

(2)

The land, structures, and other elements of development previously devoted to a ceased or discontinued nonconforming use are devoted to a conforming use for any period of time.

[Amended on 9/15/2014 by OA 02-14]

7-13-1

Defined. A nonconforming development feature is any aspect of a development, other than a nonconforming lot or a nonconforming use, that was lawfully established, in accordance with regulations in effect at the time of its establishment but that no longer complies with one or more standards of this ordinance. Common examples of nonconforming development features are buildings that do not comply with current setback or height standards, off-street parking or loading areas that contain fewer spaces than required by current standards, signs that do not comply with location or size standards, or sites that do not comply with current landscaping or bufferyard standards.

7-13-2

Regulations.

(A)

It is the intent of this ordinance to encourage the reduction or elimination of nonconforming development features to the maximum extent feasible as buildings, parking areas, signs and other site features are redeveloped or expanded.

(B)

No action may be taken that increases the degree or extent of the nonconforming development feature.

Commentary: Examples of increasing the degree or extent of nonconformity. If, for example, impervious surface coverage exceeds the maximum allowed, no net increase in impervious surface coverage may occur. Similarly, a structure encroaching into a required setback or bufferyard may not be extended further into the setback or bufferyard. A development that lacks the minimum number of off-street parking spaces may not be expanded in a way that would exacerbate the parking shortage.

(C)

If a structure or other element of development composing a nonconforming development feature is damaged to the extent of 50 percent or more of its assessed taxable value or current appraised value, it may not be restored, reconstructed, or replaced unless the nonconforming development feature is eliminated or made conforming.

[Amended on 9/15/2014 by OA 02-14]