Note: Prior history: Prior Code § 9-126 and Ord. NS 926.
Nonconforming uses are governed by the regulations set forth in this chapter.
(Ord. CS 106 §15, 1984)
A. 
A lawful nonconforming use may be continued; provided, that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use prior to the date the use became nonconforming, and that if any such use is abandoned, the subsequent use shall be in conformity to the regulations specified by this title for the district in which the land is located.
1. 
The keeping of animals in quantities greater than permitted by this title shall not be subject to continuation.
(Ord. CS 106 §15, 1984; Ord. CS 1202 §4, 2017)
The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case a use permit shall first be obtained.
(Ord. CS 106 §15, 1984)
A. 
The nonconforming use of a building, even though the use has ceased for a period exceeding six months, shall not be considered abandoned if the structure cannot reasonably be used in accordance with the regulations for the district in which it is located.
B. 
If a nonconforming use ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located.
(Ord. CS 106 §15, 1984)
Ordinary maintenance and repairs may be made to any nonconforming building provided no structure alterations are made and provided that the work does not exceed fifteen percent of the appraised value in any one-year period. Other repairs or alterations may be permitted provided that a use permit shall first be secured in each case.
(Ord. CS 106 §15, 1984)
A. 
The planning commission, after a public hearing, may authorize the enlargement, expansion or restoration of a nonconforming use, or a change to a different use of equal or lesser intensity than the legal nonconforming use, on the same parcel as the existing use, if it finds that the enlargement, expansion, restoration or changes:
1. 
Will not, under the circumstances of the particular case, be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the use; and
2. 
Will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of persons residing or working in the neighborhood or to the general welfare of the county; and
3. 
Is logically and reasonably related to the existing use and that the size or intensity of the enlargement, expansion, restoration or changes is not such that it would be more appropriately moved to a zoning district in which it is permitted.
The proponent of such change, enlargement, expansion or restoration may seek authorization thereof by filing an application for a use permit in the manner prescribed by Chapter 21.96.
The secretary to the commission shall fix the time and date for a public hearing by the commission, and notify the applicant thereof. Notice of said hearing shall be given in the manner prescribed by Chapter 21.96.
In authorizing such change, enlargement, expansion or restoration, the planning commission may include such conditions as it deems necessary and reasonable under the circumstances to carry out the intent of this section.
B. 
When any new use is approved, the existing legal nonconforming use shall be deemed to be ceased. In no case may the number of new uses exceed the number of existing legal nonconforming uses.
C. 
The existence of a greater number of residential dwelling units than normally permitted in a district may not be used as a basis for requesting, additional units as an expansion of a nonconforming use nor shall such units be used as a basis for conversion to any kind of nonresidential nonconforming use. This section is not intended to restrict potential expansion of mobile home parks.
D. 
For the purposes of this chapter, the following shall be considered: nonconforming uses, the expansion, modification or replacement of which shall be permitted without use permit or staff approval when they comply with the development standards of the appropriate zoning designation with respect to setbacks, lot coverage, etc.:
1. 
Single-family residences which were legally established under a previous zoning designation of the subject property.
2. 
Mobile homes which were legally established under a previous zoning designation of the subject property.
(Ord. CS 106 §15, 1984; Ord. CS 663 §16, 1998)
For the purposes of this chapter, the following shall be considered to be nonconforming uses, the expansion, change or modification of which shall be subject to review and staff approval of the director of planning and community development, when such changes do not alter the present character of the uses. Such approval may include conditions deemed necessary and reasonable to carry out the intent of this title. Any such decision may be appealed to the planning commission, in writing, within ten days of the decision.
A. 
Minor changes in other uses which, in the opinion of the director of planning and community development, do not change the nature of, or add new uses to, the legally established use and which do not expand the area of the building or use by more than twenty-five percent.
(Ord. CS 106 §15, 1984)