Within the districts established by this ordinance or previous ordinances, there exist lots, structures and uses which were lawful before these ordinances were effective, but which are prohibited, regulated, or restricted under the terms of this ordinance. It is the intent of this ordinance to permit these nonconforming lots, structures and uses to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

This article shall not apply to any feature which is the subject of a variance, approved site plan, or a modification from particular regulations that has been granted by the City of Wiggins. Where a variance or modification has been granted for a feature which does not otherwise conform to the requirements of this ordinance, that feature shall be deemed conforming.

A nonconforming lot shall be defined as a lot which existed legally (even if it was nonconforming) prior to the adoption of this ordinance but does not meet the zoning district standards of this ordinance with regard to lot area or lot width.

Development shall be allowed on all nonconforming lots, provided it is otherwise in compliance with the provisions of this ordinance. All nonconforming lots may be used for any permitted or approved conditional use in the district in which they are located.

If two or more adjacent lots or parcels, at least one of which is nonconforming and one of which is vacant, are in single ownership at any time, then such lots or parcels shall be considered and treated as a single lot. The owner may divide the resulting lot only if all of the proposed lots meet the requirements of this ordinance with regard to lot area and lot width.

7.3.1.

Definition.

1.

A structure which existed legally (even if it was nonconforming) prior to the adoption of this ordinance but does not meet the zoning district standards of this ordinance. This shall not include signs which are addressed under a separate article.

2.

A structure located in the C-1, C-2 or C-3 Districts shall also be considered nonconforming by reason of failure to meet the requirements for parking spaces in this ordinance.

3.

A structure used for a nonconforming use shall be considered nonconforming.

4.

A structure located on a nonconforming lot shall not be considered nonconforming by reason of the lot alone.

7.3.2.

Provision for continuation.

The use of a nonconforming structure may be continued as is without change.

7.3.3.

Enlargement and reconstruction.

A nonconforming structure shall not be enlarged, extended, reconstructed, or structurally altered except as described below:

1.

Any alteration which causes a net decrease in or removal of the nonconformity is permitted.

2.

A nonconforming structure may be repaired provided that the interior cubic volume and outside footprint are not enlarged.

3.

Any structure that is damaged by fire or natural disaster may be rebuilt.

4.

A nonconforming structure may be enlarged or reconstructed upon approval of a conditional use permit as specified in the next section.

7.3.4.

Conditional use permit for a nonconforming structure.

A conditional use permit to enlarge, extend, reconstruct, or structurally alter a nonconforming structure shall be approved using all of the procedures and stipulations given for conditional uses in article 4. The intent section of this article shall be read aloud at all public meetings prior to considering this type of conditional use permit. In addition, the conditional use permit shall be approved only if all of the following can be shown:

1.

All access roads and entrance or exit drives to the nonconformity will be adequate with respect to automotive and pedestrian safety, traffic flow, and access in the case of fire or other emergency;

2.

All off-street parking, loading areas, refuse collection areas, and other service areas will be adequate and not detrimental to adjoining properties;

3.

All water, sewer, schools, fire protection, police protection and other necessary utilities and services will be adequate;

4.

That all landscaping, screening, and fencing will be adequate, with respect to the impact on adjoining properties;

5.

That considerations such as storage of items, the size of the site, the location of the use upon the site, the hours of operation and numbers of people who are likely to be associated with the use will not have a significant impact upon other properties in the neighborhood.

A nonconforming use is any use that was legal at the time it was established but is not allowed by this ordinance as a permitted use or conditional use in the zoning district where the use is located. Any nonconforming use may be continued except as follows:

1.

The right to continue a nonconforming use (except dwellings) shall terminate 180 days after abandonment or discontinuance. A business which maintains an up to date privilege tax license and sales tax permit shall not be considered abandoned or discontinued.

2.

An existing nonconforming use may not be changed to a different nonconforming use.