[Res. No. 07-06, Zoning Order Art.
5 § A, 7-12-2007]
A. Non-conformities are of three (3) types.
1.
Non-Conforming Lot Of Record. A lot which is part of a recorded
subdivision or a parcel of land, the deed to which was recorded prior
to the original adoption of zoning and/or subdivision regulations
in the County; and neither said lot nor parcel complies with the lot
width or area requirement or other conditions for any permitted uses
for the district in which it is designated or located.
2.
Non-Conforming Structure. A structure in existence at the adoption
of this Zoning Order which does not comply with the requirements of
the district designation for the parcel upon which it is located.
3.
Non-Conforming Use. A structure or use of land in existence
at the adoption of this Zoning Order which does not comply with the
regulations applicable to new uses in the zoning district in which
it is designated or located.
[Res. No. 07-06, Zoning Order Art.
5 § A(2), 7-12-2007]
A. Said non-conforming lot may be allowed without revision if it 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; and
B. Said lot has remained in separate and individual ownership on a separate
deed from adjoining tracts of land continuously during the entire
time that the creation of such lot has been prohibited by any zoning
regulations; and
C. Said lot can meet all regulations for the district in which it is
designated or located.
[Res. No. 07-06, Zoning Order Art.
5 § B, 7-12-2007]
A. Said non-conforming structure may be allowed without revision if
it is devoted to a use which is permitted in the zoning district in
which it is designated, but is located on a lot which does not comply
with the applicable setback and height regulations, so long as it
remains otherwise lawful.
B. Any non-conforming structure may be maintained or repaired, provided,
however, that no such action shall either create any additional non-conformity
or increase the degree of existing non-conformity of all or any part
of such structure.
C. 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
market value as determined by methods acceptable to the County, such
structure shall not be restored unless it shall thereafter conform
to the regulations for the zoning district in which it is designated.
When a structure is damaged to the extent of fifty percent (50%) or
less, no repairs or restoration shall be made unless restoration is
completed within six (6) months after the date of such partial destruction.
D. No non-conforming structure shall be moved in whole or in part of
any distance, whatever, to any other location on the same and any
other lot unless the entire structure shall thereafter conform to
the regulations of the zoning district in which it is designated or
located after being moved.
[Res. No. 07-06, Zoning Order Art.
5 § C, 7-12-2007]
A. Any existing, at the time of adoption of this Zoning Order, non-conforming
use of part or all of a structure or any existing non-conforming use
of land, not involving a structure or only involving a structure which
is accessory to such use or land, may be continued, so long as otherwise
lawful, only at the discretion of the County Commission.
B. Nothing in these Regulations shall be deemed to prevent the strengthening
or restoring to a safe condition of a structure, which is currently
being used in a non-conforming manner, in accordance with an order
of a public official, who is charged with protecting the public safety,
who declares such structure to be unsafe and orders its restoration
to a safe condition. In addition, the normal maintenance and incidental
repair, of the structure or utilities may be performed on any structure
that is devoted in whole or in part to a non-conforming use.
C. Extension. A non-conforming use shall not be extended, expanded,
enlarged, or increased in intensity. Such prohibited activities shall
include, without being limited to the following:
1. Extension or expansion of such use to any structure or land, which
is other than the structure or land that was occupied by such non-conforming
use on the effective date of this Zoning Order or on the effective
date of subsequent amendments hereto that cause such use to become
non-conforming.
2. Extension or expansion of such use within an existing building or
other structure to any portion of the floor area that was not occupied
by such non-conforming use on the effective date of this Zoning Order
or on the effective date of subsequent amendments hereto that cause
such use to become non-conforming.
3. No structure that is devoted in whole or in part to a non-conforming
use shall be enlarged or expanded in any manner unless such structure
and the use thereof shall thereafter conform to the regulations of
the district in which it is located.
D. 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 that more than fifty percent (50%) of
its market value as determined by methods acceptable to the County
structural value, such structure shall not be restored unless the
structure and the use thereof shall thereafter conform to all regulations
of 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
restoration shall be made without the written agreement of the Zoning
Department and the restoration is completed within six (6) months
after the date of such partial destruction.
E. Moving. No structure that is devoted in whole or in part to a non-conforming
use of land shall be moved in whole or in part for any distance whatever,
to any 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 district in which it is located after
being so moved.
F. Change In Use. If no external structural alterations are made which
will expand the area or change the dimensions of the existing structure,
any non-conforming use of a structure, or structures and premises,
may be changed to another non-conforming use only with the specific
permission of the Board of Zoning Adjustment by application for a
Variance as defined by the Zoning Order. In permitting such change,
the BZA may require appropriate conditions and safeguards to protect
surrounding areas and properties. Once such use has changed, it may
no longer be returned to the original use or any other less appropriate
use.
G. Abandonment Or Discontinuance. When a non-conforming use is substantially
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 designated
or located.
[Res. No. 07-06, Zoning Order Art.
5 § D, 7-12-2007]
No use which is accessory to a principal non-conforming use
shall continue after such principal use shall cease or terminate.
[Res. No. 07-06, Zoning Order Art.
5 § E, 7-12-2007]
Notwithstanding the provisions of the above, any structure which
is devoted to a residential use and which is located in a commercial
business or industrial district, may be remodeled, extended, expanded,
enlarged, and rebuilt; provided that after any such action remodeling,
extension, expansion, enlargement, or rebuilding, such structure shall
not be used to accommodate a greater number of dwelling or lodging
units than such structure accommodated prior to any such action work.
[Res. No. 07-06, Zoning Order Art.
5 § F, 7-12-2007]
Where a previously permitted use exists at the effective date
of this Zoning Order and is permitted by this Zoning Order only by
issuance of a Special Use Permit in the zoning district in which it
is designated, such use shall not be deemed to be a non-conforming
use only by application for and acceptance of a Special Use Permit
as defined by this Zoning Order, with the specific permission of the
County Commission. In permitting such change, the County Commission
may require appropriate conditions and safeguards as it deems necessary
and customary for the Special Use Permit regulatory process.