A. Within the city of Cody there are lots, structures, and uses of land that were established before the Cody zoning ordinance was adopted, subsequently amended, or applied to the property, which do not comply with one or more of the present requirements of this title. Any such lot, structure, or land use that was lawfully existing on the effective date of this title, or subsequent amendments thereto, that does not presently comply with a requirement of this title shall be classified as "legally nonconforming" in respect to such requirement(s) and have all rights and restrictions pertaining thereto as set forth in this chapter. In addition, annexed properties may continue a nonconforming use that was lawful at the time of annexation and has not been discontinued for more than one year after annexation, as outlined in Wyoming Statutes 15-1-410(a).
B. A change of ownership, tenancy, or management personnel in a legal nonconforming situation shall not affect nonconforming status.
C. It is the intent of this chapter to permit legal nonconforming structures and uses to continue until they are removed or replaced. Nonconforming structures and uses are declared incompatible with the structures and uses that conform to the zoning district requirements in which they are situated.
D. This chapter separates nonconforming situations into three (3) categories: nonconforming lots; nonconforming structures; and nonconforming uses. Whether a property contains one or multiple nonconformities, each nonconforming aspect is to be treated individually as to legal status, termination, expansion, and all other provisions of this chapter.
E. When the lot area, setback, or other dimensional requirement of an existing lot or structure is rendered nonconforming as the result of federal, state, or local government acquisition of land, such as right of way purchase, the lot or structure shall be deemed to be in compliance with the applicable standard.
F. Land uses and structures that were established in violation of this title, are deemed illegal and subject to abatement and compliance with this title, except as may be authorized by the planning, zoning and board of adjustment pursuant to Wyoming Statutes 15-1-608(b)(iii) and subsection 10-4-3C4 of this title. When an illegally established land use or structure is permitted to continue pursuant to said sections, it shall thereafter be subject to this chapter as if it were legally nonconforming.
G. The burden is on the owner and tenant of the property to comply with applicable zoning and development regulations. Failure of the city to enforce zoning and development regulations for any activity, land use, or structure that is in violation of this title shall not preclude the city from later enforcing applicable ordinances and regulations.
H. The city planner, or designee, is authorized to render a decision as to whether a nonconforming lot, structure, or use was lawfully established and whether any legal nonconforming status remains or has been lost pursuant to section 10-13-2 of this chapter. The city planner may refer such question to the planning, zoning and adjustment board for a decision, at his/her discretion. Decisions rendered by the city planner are appealable to the planning, zoning and adjustment board pursuant to section 10-4-3 of this title. (Ord. 2014-07, 6-17-2014)
Once the legal nonconforming status of a lot, structure, or land use is lost it shall not be reestablished. Except as may otherwise be permitted pursuant to this chapter, loss of a legal nonconforming status occurs:
A. When the nonconformity is voluntarily eliminated by the owner, such as when a legal nonconforming use is replaced with a permitted use or conditional use, or when a nonconforming lot is merged with an adjacent lot and applicable lot size requirements are met.
B. When a legal nonconforming use is discontinued or otherwise nonoperational for a period of three hundred sixty five (365) days, or an extension period is established pursuant to subsection 10-13-5A of this chapter.
C. When a legal nonconforming structure, as defined in section 10-13-4 of this chapter, is demolished, destroyed, removed, or damaged to the extent that replacement cost would exceed seventy five percent (75%) of the assessed value of the structure immediately prior to such event, except as provided for in subsection 10-13-4C of this chapter.
D. When a legal nonconforming use is replaced with a less intensive nonconforming use as permitted by section 10-13-6 of this chapter. In such case, the former nonconforming use is replaced with the new nonconforming use and cannot be reestablished.
E. When a legal nonconforming use is replaced by an illegal use, in which case the legal nonconforming status is lost and the subsequent use, being illegal, shall be discontinued. (Ord. 2014-07, 6-17-2014)
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