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Lots or parcels that were legally created, but which do not presently conform to the applicable lot size, width, or other dimensional lot standards of this code are determined to be legal nonconforming lots.
A. Any otherwise permitted structure may be constructed on a legal nonconforming lot if the structure and use of the structure will comply with all other provisions of this code, such as applicable setbacks, buffers, access, and parking requirements; provided, the property owner may request a special exemption or variance for any such provision that is not met.
B. Lots may become legally nonconforming as the result of the adoption or changes to the zoning ordinance, but the city shall not grant permits that would create a nonconforming lot with the following exception: Lots dedicated for public utility facilities shall be exempt from the lot size requirements of this title.
C. Legal nonconforming lots shall only be altered or reconfigured in a manner that achieves, or is closer to achieving, the lot size and dimensional requirements of this code. (Ord. 2014-07, 6-17-2014)
A legally permitted existing structure that is nonconforming only by reason of not meeting current setback, height, lot coverage, or other dimensional or architectural standards of this title is classified as a "legal nonconforming structure". For legal nonconforming structures that also contain a legal nonconforming use, section 10-13-5 of this chapter shall apply rather than this section.
A. Legal nonconforming structures may be remodeled, repaired, and enlarged by up to fifty percent (50%), provided that any enlargement meets the current development standards of this title, no new dwelling units are created, the use of the structure is a permitted use, and in the building official's judgment the work does not significantly increase any life or safety hazards. If additional dwelling units are desired, enlargement exceeds fifty percent (50%) of the existing structure, or the building official has a life or safety concern, the property owner may submit an application for review by the planning, zoning and adjustment board under section 10-13-6 of this chapter. In determining the percentage of any enlargement, calculations shall be based on the gross square footage of the structure either at the time this provision was adopted or the time the structure became legally nonconforming, whichever occurred most recently.
B. When the enlargement of a legal nonconforming structure does not meet the development standards of this title, relief may be requested in the form of a special exemption or zoning variance.
C. When a legal nonconforming structure is damaged or destroyed by accidental fire, explosion or other casualty, act of God, the public enemy, or intentional acts other than those caused directly or indirectly by the owner, the structure may be restored to its legal nonconforming condition; provided, a building permit for restoration of the legal nonconforming structure must be obtained within three hundred sixty five (365) days of the damage and kept active until the project is completed. (Ord. 2014-07, 6-17-2014)
Any land use that was lawfully established, but which would now be prohibited at that location under zoning law, is classified as a legal nonconforming use; provided it has not lost that status pursuant to section 10-13-2 of this chapter. A legal nonconforming use of land or structure(s) may be continued as long as the use remains otherwise lawful, as provided herein.
A. A legal nonconforming use that is damaged or destroyed by accidental fire, explosion or other casualty, act of God, the public enemy, or criminal acts other than those caused directly or indirectly by the owner, may be restored or reconstructed. Such restoration or reconstruction shall be completed within three hundred sixty five (365) days of the date of damage or destruction and shall either duplicate, or be less nonconforming than, the original. The nonconforming use shall not be increased in size or intensity unless authorized pursuant to section 10-13-6 of this chapter.
The planning, zoning and adjustment board may extend the time frame for restoration or reconstruction beyond the three hundred sixty five (365) day deadline, provided the owner or authorized agent can document that the reestablishment or reconstruction has been delayed due to pending insurance or court settlement directly related to the damage or destruction. The extension request must be submitted prior to the three hundred sixty five (365) day deadline.
B. A legal nonconforming use may be expanded throughout any existing building in which it is located. A legal nonconforming use may not be expanded or otherwise modified to occupy any area outside such existing structure(s) except as may be authorized by the planning, zoning and adjustment board in accordance with section 10-13-6 of this chapter.
C. Any legal nonconforming use of land located outside of a building shall not be expanded in area except in accordance with section 10-13-6 of this chapter; provided, legal nonconforming mining operations may expand to the extent of their current Wyoming DEQ land quality division mining permit without such review.
D. No legal nonconforming use shall be transferred from one property to another. Expansion onto adjacent lands may be considered under section 10-13-6 of this chapter.
E. A legal nonconforming use may be replaced with a less intensive nonconforming use when authorized pursuant to section 10-13-6 of this chapter. For purposes of regulating and defining what constitutes a change in land use, "land use" means each individual use listed in the zoning ordinance. When the use is not listed, "land use" shall mean the specific activity being conducted.
F. Nothing in this section shall be construed to restrict normal repair and maintenance activities of a structure containing a legal nonconforming use, provided:
1. The value of work and materials in any twelve (12) month period does not exceed twenty five percent (25%) of the assessed value of the structure prior to such work; and
2. The required maintenance and repair activities are not for the purpose of increasing the area or scope of the use.
Work exceeding these limitations may be considered pursuant to section 10-13-6 of this chapter.
G. Voluntary replacement of a structure containing a legal nonconforming use may be considered pursuant to section 10-13-6 of this chapter. (Ord. 2014-07, 6-17-2014)
A. The planning, zoning and adjustment board shall consider applications for: the enlargement or expansion of a legal nonconforming use within a lot; expansion of a nonconforming use onto adjacent lands; the change of a legal nonconforming use to a different, less intensive nonconforming use; repair and maintenance of a legal nonconforming use exceeding the limitations of subsection 10-13-5F of this chapter; voluntary replacement of a structure containing a nonconforming use; and the expansion of a legal nonconforming structure by more than fifty percent (50%). The board may grant the relief requested if they find the following:
1. In the case of a nonconforming use, that the use was lawful at the time of its inception;
2. That the significance of any hardship to the applicant from denial of the request is more compelling than, and reasonably outweighs, the benefit the public would receive from denial of the request;
3. That the proposal is compatible with the character of the neighborhood to the extent that it does not jeopardize the future development or use of the surrounding area in compliance with this title and the master plan;
4. That the project will otherwise comply with all applicable development standards and codes, such as parking and landscaping, unless a special exemption or zoning variance is granted for such;
5. That the proposal will not otherwise be significantly detrimental to the public health, safety, or welfare.
B. The board may impose conditions on any approval granted in accordance with this section as necessary to mitigate potential adverse impacts to neighboring properties, public facilities, and natural systems.
C. The application shall be reviewed by the planning, zoning and adjustment board at a public hearing that has been advertised at least ten (10) days in advance. Notice of the public hearing shall be by publication in the local newspaper and by USPS first class mail to all property owners within one hundred forty feet (140') of the subject property. The notice shall include the date, time, and location of the public hearing, along with a brief description of the proposal. (Ord. 2014-07, 6-17-2014)