[7-21-2021 by Ord. No. 1796]
A.
It is the intent of this article to allow legally existing uses,
structures, and properties that do not meet UDO requirements at the effective date or subsequent amendments
to continue until they are discontinued, removed or are no longer
used, but not to encourage their survival. These legally nonconforming
uses, structures and properties are declared
by this article to be incompatible with permitted conditions in the zone district where they are located. Nonconforming
uses and structures shall not be enlarged,
extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same zone district.
[7-21-2021 by Ord. No. 1796]
A.
Continuation of use. A legal use existing at the
effective date of UDO or subsequent amendments, may
be continued despite not conforming with the provisions of UDO, or any subsequent amendments.
B.
Discontinuance. If any nonconforming use is discontinued
through vacancy, lack of operation, or otherwise for a continuous
period of 365 days or more, the use shall not be resumed unless the use conforms to all provisions of UDO,
including, but not limited to the regulations of the zone
district in which the use is located. (See Article 39-2.)
C.
Burden of proof. If the Zoning Administrator finds
that a nonconforming use is discontinued under the
provisions of this article, the property owner shall
have the burden of proof to substantiate that the use was not abandoned
and shall provide documentation thereof.
D.
Change to another nonconforming use. The nonconforming use of any structure may be changed to another nonconforming use upon public hearing and findings of fact
by the Board of Appeals that the proposed nonconforming use will not be more incompatible, detrimental,
or create additional nuisance factors than the previous nonconforming
uses. The Board of Appeals shall consider
the following for its determination:
1.
Evidence that the proposed nonconforming use will
not adversely affect or decrease the valuation of neighboring property;
2.
Evidence that the proposed nonconforming use will
not increase density, congestion or general nuisance
to neighboring property;
3.
Evidence that the proposed, nonconforming use will
not increase the amount of radioactivity, vibration, noise, odor,
heat or other adverse factors;
4.
Evidence that the proposed nonconforming use will
not necessitate an increase in off-street parking that would be detrimental to neighboring property; and
5.
Additional factors as determined by the Board of Appeals relating to the health, safety, and welfare of adjacent property, which would be adversely impacted.
E.
Accessory
structures. Expanding, replacing or adding a detached accessory
structure to a property with a nonconforming residential use shall be allowed if the Zoning Administrator determines
the following:
[Added 11-2-2022 by Ord.
No. 1830]
1.
The accessory structure is a fence, shed, garage or other similar structure that is
allowed in the zone district.
2.
The accessory structure will meet all of the required
setbacks, height and other requirements of UDO.
3.
The accessory structure will not have negative impacts as described in Section 39-13.02D, Subsections 1 through 4.
4.
The accessory structure will not expand the current nonconforming use of the property.
[7-21-2021 by Ord. No. 1796]
A.
Continuance of structure. Any structure existing
at the effective date of UDO or subsequent amendments
may remain in place and does not need to be altered despite not conforming
with the provisions of UDO or any subsequent amendments.
B.
Expansions. Expansions of nonconforming structures, conforming in use, shall only be permitted if the following standards
are met:
[Amended 2-1-2023 by Ord. No. 1834]
1.
The expansion or modification of the structure shall
not result in greater nonconformity with respect to maximum setback
or minimum height requirements (for other nonconforming setbacks see also Section 39-12.12D.3).
2.
The minimum parking requirements for all uses on
the property shall be met. See Article 39-2; and
3.
Any expansion of the structure shall conform to
all other zone district requirements.
C.
Interior renovation. The interior of any nonconforming structure may be renovated.
D.
Structures under construction at the effective date of UDO or amendment.
Nothing in this article shall require a change in the plans, construction,
or designated use of any structure under a building permit issued before the effective
date of UDO, or a subsequent amendment to UDO, unless the building permit expires
prior to completion of construction.
[7-21-2021 by Ord. No. 1796]
A.
Existing lots of record can be built on regardless
of if the lot meets the lot size and/or lot width requirement for
the zone district, as long as all other dimensional
standards are met.
[7-21-2021 by Ord. No. 1796]
A.
Whenever a nonconforming use, structure, or property has been brought into compliance with UDO, the nonconformity shall not be reestablished.
[7-21-2021 by Ord. No. 1796]
A.
Repairs equal to or less than the state equalized value (SEV) permitted.
Nothing in this article shall prevent the repair, maintenance, or restoration of a nonconforming structure if the cost of the repairs is equal to or is less than the SEV of
the structure.
B.
Repairs greater than the state equalized value (SEV) permitted by
special exception. A nonconforming structure damaged
or destroyed by fire, flood, wind, other calamity, neglect, or deterioration
to an extent greater than the SEV of the structure, may be restored to its original size and location by special exception
approval if the Board of Appeals finds the following
conditions are met:
1.
Repair, maintenance, or restoration of the structure will not substantially extend the probable duration
of the nonconforming structure. Restoration of the structure will be done with similar building
materials, structural layout, design, construction methods, fixtures,
and mechanical equipment, limiting the possibility that the restoration will substantially extend the probable duration
of the life of the structure; and
2.
The nonconforming structure cannot reasonably meet
the standards of the zone district due to an unusual
circumstance with respect to the property.
C.
Repairs to accessory structures permitted. Nonconforming
structures accessory to principal residential structures shall be permitted to be repaired, maintained, or restored. Where
a foundation or slab from a previously existing nonconforming
accessory structure remains intact on the property, the building may be rebuilt to the same or smaller
size, provided that the slab or foundation meets current building
codes. These structures may also be enlarged, provided
that the addition conforms to UDO.
D.
Moving a nonconforming structure. A nonconforming structure shall not be moved in whole or in part to another location without
conforming to UDO.
