(A) Preservation of nonconforming uses. Except as hereinafter provided in this section, the lawful use of land or the lawful use of a building or structure existing on the effective date of the ordinance from which this chapter was derived or on the effective date of any amendment thereto may be continued although the use does not conform to the provisions of this chapter.
(B) Notice of nonconforming use.
(1) All nonconforming uses shall be issued a notice of nonconforming use by the Zoning Administrator. The notice shall state the reason why the use is nonconforming, the property address and legal description of the use, and a description of the use as it existed on the effective date of the ordinance from which this chapter was derived including, but not limited to, the following: Type of business or activity; seating capacity; parking facilities; size of structure; and any other regulation in this chapter that affects the use.
(2) The notice shall be recorded at the County Recorder’s office. Failure by the Zoning Administrator to issue a notice shall not legitimatize a nonconforming use. When a nonconforming use becomes less nonconforming, a new notice shall be issued and recorded as described above.
(3) No extension, enlargement or intensification of, or change in, a nonconforming use other than described in the notice shall be permitted, except that any nonconforming use may change to a conforming use.
(C) Preservation, alteration or improvement of substandard buildings or structures. Except as hereinafter provided in this section, buildings or structures lawfully existing on the effective date of the ordinance from which this code was derived or on the effective date of any amendment hereto may be maintained although the building or structure does not conform to the dimensional standards of this chapter, but any building or structure shall not be altered or improved beyond normal maintenance as determine by the Zoning Administrator unless it meets the requirements of § 153.007 of this code.
(D) Exceptions to setback standards for substandard structures. An extension, enlargement or alteration of a structure may be permitted by administrative permit if the structure does not meet the minimum setback requirements of this chapter, provided:
(1) The structure involved is the principal structure;
(2) The structure was built prior to September 18, 1975;
(3) The existing setback of the structure is within 60% of the current minimum required setback;
(4) The proposed improvement to the structure is on the side of the structure opposite from the substandard setback, or the improvement is extended laterally or parallel with the substandard setback;
(5) The proposed improvement will not encroach farther into the substandard setback than does the structure; and
(6) The proposed improvement will be in compliance with all other requirements and dimensional standards of this chapter.
(E) Unlawful uses, buildings and structures. No unlawful use of property existing on the effective date of the ordinance from which this chapter was derived or any amendment thereto nor any building or structure which is unlawfully existing on the date shall be deemed a nonconforming use or a nonconforming building or structure.
(F) Permit holders and permit applicants. Any nonconforming structure that is ready for or under construction on the effective date of the ordinance from which this chapter was derived or any amendment thereto may be completed and occupied in accordance with the requirements of any valid building permit issued therefore prior to the effective date.
(G) Change of a nonconforming use.
(1) Change from one nonconforming use to another. A nonconforming use may be changed only to a use permitted in the district in which it is located; except that if the original use has ceased to be in use for less than one year, a building may be changed to another nonconforming use of the same or a more restrictive classification, provided the change is approved by the Board of Adjustment and Appeals as hereinafter provided. Any alterations made to the building to make the change in nonconforming use possible must be reviewed and approved in conjunction with the approval of the changed nonconforming use. Once changed to a conforming use, no building or land shall be permitted to revert to the original nonconforming use.
(2) Change of use with approval of the Board of Adjustment. A nonconforming use, all or partially conducted in a building or buildings, may be changed to another nonconforming use only upon determination by the Board of Adjustment, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Board of Adjustment shall take into consideration, among other things: Traffic generated; nuisance characteristics, such as emission of noise, dust and smoke; fire hazards; and hours and manners of operation.
(H) Restoration of nonconforming uses or substandard structures or buildings. A substandard building or structure which is damaged or destroyed by fire, flood, wind, earthquake or other calamity may be restored and the occupancy, use or nonconforming use of the building or structure, or part thereof, which existed at the time of partial destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently pursued to completion, unless the damage to the building or structure is equal to 50% or more of the current assessed market value according to the City Assessor, in which case the reconstruction of the building or structure and the restoration of the use shall conform to the provisions of this chapter.
(I) Abandonment of use. When any nonconforming use of land or of a building or structure is abandoned for a period in excess of one year, the land, building or structure shall, thereafter, be used only as provided by this chapter.
(J) Exceptions to slope requirements for substandard structures. An extension, enlargement or iteration of a structure may be permitted by administrative permit if the structure is located on a slope in excess of 18% provided:
(1) The structure involved is a principal residential dwelling unit;
(2) The structure was built prior to September 18, 1975;
(3) Soils on the land will support the extension, enlargement or alternation without significant risk of erosion or damage to structure thereafter construction;
(4) All structures, including the extension, enlargement or alteration are set back at least 40 feet from the crest of the 18% slope;
(5) No more than 50 cubic yards of soil shall be graded and the development will not damage heavily wooded areas of other significant features;
(6) Erosion control methods are utilized both during and after construction, as recommended by the county’s Soil and Water Conservation District;
(7) Applicant must demonstrate that a conforming sewage treatment system is present, pursuant to Ch. 154 of this code; and
(8) The proposed improvement will be in compliance with all other requirements and dimensional standards of this chapter.
(Prior Code, § 12-57) (Ord. 1997-25, passed 8-17-1999; Ord. 02-2009, passed 4-21-2009) Penalty, see § 153.999