[Ord. No. 227 §1(94.110(D), 10-4-1999]
A. A structure
or the use of a structure or premises which was lawful before the
passage or amendment of this Chapter, October 4, 1999, but which is
not in conformity with the provision of these regulations may be continued
subject to the following conditions:
1. If such use is discontinued for six (6) consecutive months, any further
use of the building premises shall conform to the zoning ordinance.
A six (6) month extension may be granted upon review and approval
by the Planning and Zoning Board.
2. Uses or adjuncts thereof which are or become nuisances shall not
be entitled to continue as non-conforming uses.
[Ord. No. 227 §1(94.900), 10-4-1999]
A. Non-conformities
are of three (3) types: non-conforming lots of record, non-conforming
structures and non-conforming uses. A definition of each type is as
follows:
1. Non-conforming lot of record. An unimproved lot
which is part of a recorded subdivision or a parcel of land, the deed
to which was recorded prior to the adoption of these regulations,
and neither said lot nor parcel complies with the lot width or area
requirements for any permitted use in the district in which it is
located.
2. Non-conforming structure. An existing structure
which does not comply with the height or yard requirements which are
applicable to new structures in the zoning district in which it is
located.
3. Non-conforming use. An existing use of a structure
or of land which does not comply with the use regulations applicable
to new uses in the zoning district in which it is located.
[Ord. No. 227 §1(94.910), 10-4-1999]
A. The
Planning and Zoning Commission shall issue a building permit for any
non-conforming lot of record, provided that:
1. Said lot is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size and width at such location would not
have been prohibited by any zoning regulations;
2. Said lot has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by the applicable zoning regulations;
3. Said lot can meet all yard regulations for the district in which
it is located; and
4. Said lot can meet minimum standards for sewage treatment as required
by County and State regulations for sewage treatment.
[Ord. No. 227 §1(94.920), 10-4-1999; Ord. No. 276, 10-9-2006]
A. Authority To Continue. Any structure which is devoted to
a use which is permitted in the zoning district in which it is located,
but which is located on a lot which does not comply with the applicable
yard and height regulations, may be continued, so long as it remains
otherwise lawful.
B. Enlargement, Repair, Alterations. Any non-conforming structure
may be enlarged, maintained, repaired or remodeled; provided however,
no such enlargement, maintenance, repair or remodeling shall either
create any additional non-conformity or increase the degree of existing
non-conformity of all or any part of such structure; provided further,
existing mobile home parks not meeting the requirements of these regulations
shall be declared non-conforming and shall not be permitted to add
spaces or make any improvements inconsistent with the terms and conditions
of these regulations.
C. Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed by any means to the extent of more than fifty percent (50%) of its appraised value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restorations shall be made unless a building permit is obtained and restoration is actually begun within six (6) months after the date of such partial destruction and is diligently pursued to completion. A manufactured home located in a district not zoned for manufactured homes that has been destroyed or damaged beyond fifty percent (50%) of its appraised value may be replaced. The replacement manufactured home would have to meet all site requirements of Chapter
410 and all relevant requirements of Chapter
405 and Chapter
415. The replacement manufactured home must be in place, with all requirements of Chapter
405 and Chapter
415 met, within ninety (90) days. The Planning and Zoning Commission may grant a ninety (90) day extension.
D. Moving. No non-conforming structure shall be moved in whole
or in part for any distance whatever to any other location on the
same or any other lot unless the entire structure shall thereafter
conform to the regulations of the zoning district in which it is located
after being moved.
[Ord. No. 227 §1(94.930), 10-4-1999; Ord. No. 277, 10-9-2006]
A. Authority To Continue. Any lawfully existing non-conforming
use of part or all of a structure or any lawfully existing non-conforming
use of land may be continued, so long as otherwise lawful and provided
that ownership of the same does not change. Upon any transfer of ownership,
such authority to continue shall terminate.
B. Ordinary Repair And Maintenance.
1. Normal maintenance and incidental repair, or replacement, installation
or relocation of non-bearing walls, non-bearing partitions, fixtures,
wiring or plumbing, may be performed on any structure that is devoted
in whole or in part to a non-conforming use.
2. Nothing in these regulations shall be deemed to prevent the strengthening
or restoring to a safe condition of a structure in accordance with
an order of a public official who is charged with protecting the public
safety and who declares such structure to be unsafe and orders its
restoration to a safe condition.
C. Extension. A non-conforming use shall not be extended, expanded,
enlarged or increased in intensity. Such prohibited activity shall
include, without being limited to:
1. Extension of such use to any structure or land area other than that
occupied by such non-conforming use on the effective date of these
regulations (or on the effective date of subsequent amendments hereto
that cause such use to become non-conforming).
2. Extension of such use within a structure to any portion of the floor
area that was not occupied by such non-conforming use on the effective
date of these regulations (or on the effective date of subsequent
amendments hereto that cause such use to become non-conforming); provided
however, that such use may be extended throughout any part of such
structure that was lawfully and manifestly designed or arranged for
such use on such effective date.
D. Enlargement. No structure that is devoted in whole or in
part to a non-conforming use shall be enlarged or added to in any
manner unless such structure and the use thereof shall thereafter
conform to the regulations of the district in which it is located.
E. Damage Or Destruction. In the event that any structure that
is devoted in whole or in part to a non-conforming use is damaged
or destroyed by any means to the extent of more than fifty percent
(50%) of its appraised value, such structure shall not be restored
unless such structure and the use thereof shall thereafter conform
to all regulations of the zoning district in which it is located.
When such damage or destruction is fifty percent (50%) or less, no
repairs or restoration shall be made unless a building permit is obtained
and restoration is actually begun within six (6) months after the
date of such partial destruction and is diligently pursued to completion.
F. Moving. No structure that is devoted in whole or in part
to a non-conforming use and no conforming use of land shall be moved
in whole or in part for any distance whatever to any other location
on the same or any other lot unless the entire structure and the use
thereof or the use of land shall thereafter conform to all regulations
of the zoning districts in which it is located after being so moved.
G. Change In Use. If no structural alterations are made, any
non-conforming use of a structure, or structure and premises, may
as a special use be changed to another non-conforming use provided
that the Planning and Zoning Commission, either by general rule or
by making findings in the specific case, shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing non-conforming use. In permitting such change, the Planning
and Zoning Commission may require appropriate conditions and safeguards
to prevent said change in non-conforming use from adversely affecting
the surrounding area. Once a change is made to a more appropriate
use, the use shall not be returned to the original use or a less appropriate
use.
H. Abandonment Or Discontinuance. When a non-conforming use
is discontinued or abandoned for a period of twelve (12) consecutive
months, such use shall not thereafter be re-established or resumed,
and any subsequent use or occupancy of such land shall comply with
the regulations of the zoning district in which such land is located.
I. Non-Conforming Accessory Uses. No use which is accessory
to a principal non-conforming use shall continue after such principal
use shall cease or terminate.
J. Non-Conforming Residential Use. Any structure which is devoted
to a residential use and which is located in a business or industrial
district may be remodeled, extended, expanded and enlarged; provided,
that after any such remodeling, expansion or enlargement, such structure
shall not be used to accommodate a greater number of dwelling or lodging
units than such structure accommodated prior to any such work.
K. Non-Conforming Uses. All existing mobile home or manufactured
home parks not meeting the requirements of these regulations shall
be declared non-conforming and shall not be permitted to add spaces
or make any improvements inconsistent with the terms and conditions
of these regulations; except that any existing manufactured home park
developed according to a valid special use permit or other approved
development plan shall become a legal, conforming use under these
regulations.
[Ord. No. 227 §1(94.940), 10-4-1999]
A. Status Of Existing Special Uses. Where a use exists at the effective date of these regulations and is permitted by these regulations only as a special use in the zoning district in which it is located, such use shall not be deemed to be a non-conforming use but shall, without further action, be deemed a lawful conforming use in such zoning district. Such special use shall not be enlarged or expanded unless a special use application is approved as set out in Section
405.310 of these regulations.
B. Status Of Future Special Uses. Any use for which a special
use permit has been issued, as provided in these regulations, shall
not be deemed to be a non-conforming use but shall, without further
action, be deemed a lawful conforming use.