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)
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.
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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.
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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.
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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)