(A) Purpose.
(1) The purpose of this section is to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained.
(2) It is the intent of this section that all non-conforming uses shall be eventually brought into conformity.
(B) General provisions.
(1) Any structure or use lawfully existing upon the effective date of this chapter may be continued through repair, replacement, restoration or improvement at the size and in the same manner of operation existing upon such date. Furthermore, an expansion of the non-conformity may be permitted by the Board of Adjustment provided reasonable regulations to prevent and abate nuisances and to protect the public health, welfare and safety are included as conditions of the expansion.
(2) If a non-conforming building, structure or use is destroyed to the extent of more than 50% of its fair market value, the value to be determined by the County Assessor, and no building permit has been applied for within 180 days of when the property is damaged, then the building and the land on which the building was located shall be subject to all the regulations specified by this chapter for the district in which it is located. If the damage is less than 50%, the building may be restored to its former condition, if it is reconstructed within 12 months after the date of the damage.
(3) Normal maintenance of a building or other structure containing or relating to a lawful non-conforming use is permitted, as long as the repairs or alterations do not physically extend or intensify the non-conforming use.
(4) In the event that a non-conforming use of any building or building and land is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.
(5) If any non-conforming use or structure is destroyed by any means, including floods, to an extent of 50% or more if its market value at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 154.060 through 154.074 or 154.085 and 154.086 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively.
(C) Non-conforming uses in the floodplain. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter may be continued, subject to the following conditions.
(1) No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.
(2) Any alteration or addition to a non-conforming structure or non-conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classifications) allowable in the State Building Code, except as further restricted in § 154.094 of this chapter.
(3) The cost of any structural alterations or additions to any non-conforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community’s initial floodplain controls must be calculated into today’s current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of §§ 154.060 through 154.074 or 154.085 and 154.086 for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively.
(4) If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of 12 months.
(5) If any non-conforming use or structure is destroyed by any means, including floods, to an extent of 50% or more if its market value at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 154.060 through 154.074 or 154.085 and 154.086 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively.
(D) Non-conforming uses in the Cannon River Recreational District.
(1) Non-conforming uses shall not be intensified, enlarged or expanded beyond the permitted or delineated boundaries of the use or activity. No structural alteration, addition or repair to a non-conforming structure shall exceed 50% of the assessed value of that structure.
(2) Non-conforming sanitary systems inconsistent with the minimum performance standards of the state’s Pollution Control Agency and the state’s Department of Health shall be brought into conformity or discontinued within five years of the date of enactment of this chapter.
(3) Substandard structures in existence prior to the effective date of enactment of this chapter that do not meet the minimum setbacks or other dimensional requirements of this chapter are substandard structures. All substandard structures shall be allowed to continue; except that, any structural alteration or addition to a substandard structure that will increase the substandard dimensions shall not be allowed.
(4) Substandard lots of record in the office of the county’s Register of Deeds (or Registrar of Titles) prior to the date of enactment of this chapter which do not meet the lot size requirements of § 154.061 of this chapter may be allowed as building sites; provided:
(a) The use is permitted in the zoning district;
(b) The lot is in separate ownership from abutting lands; and
(c) All other sanitary and dimensional requirements of this chapter are complied with insofar as practical.
(Ord. passed 3-20-2002, § 20, sub. 6; Ord. 2023-03, passed 5-22-2023, § 2)