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(a) Definition. A nonconforming lot is a lot that was lawfully created or approved as part of a preliminary subdivision plat that remains valid and unexpired, or for which a subdivision application was lawfully submitted in accordance with article III of this Chapter, prior to the effective date of this article or a subsequent amendment thereto, but does not conform to the minimum land area or minimum lot width requirements established in article II of this chapter for the zoning district in which it is located.
(b) Use. Nonconforming lots may be used, developed, or improved in accordance with the applicable use, intensity, setback and height regulations provided in article II of this chapter. However, any use, such as a two-family or multifamily dwelling, that requires a greater land area than the minimum land area listed in article II of this chapter for the appropriate zoning district shall not be permitted on a lot which does not conform to such minimum land area requirement. If compliance with applicable setback regulations is not reasonably possible for a structure intended on a nonconforming lot, the nonconforming lot may be used as a building site subject to the granting of a variance from such setback regulations by the board of adjustment in accordance with the provisions of this article.
(Ord. of 7-10-2000, § 12.2; Ord. of 11-13-2000, § 12.2.2; Amend. of 8-3-2020)
(a) Definition. A nonconforming use is a use of land, buildings, or structures that was lawfully established prior to the effective date of this chapter, or a subsequent amendment thereto, but does not conform to the use regulations of article II of this chapter for the zoning district in which it is located.
(b) Regulations. Nonconforming uses may be continued subject to the following limitations:
(1) No nonconforming use shall be extended, expanded, enlarged, or moved to occupy a different or greater area of land, buildings, or structures than was occupied by such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.
(2) No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered unless such building or structure is thereafter devoted to a conforming use.
(3) When a building or structure devoted to a nonconforming use is damaged to the extent of 50 percent or more of its current assessed taxable value, such a building, if restored, shall thereafter be devoted to conforming uses.
(4) If a nonconforming use ceases for more than 120 consecutive days or a total of 180 days in any 12-month period, subsequent use of the land or structures previously devoted to such use shall thereafter be devoted to conforming uses.
(c) Discontinuance. Except as otherwise provided in this section, any nonconforming use of land and any nonconforming use of structures with a total replacement cost of less than $5,000.00 at the time such use became nonconforming shall cease within five years after the date of notice of nonconformity required in section 14-557, or within 20 years after the construction of such structures, whichever is later.
(Ord. of 7-10-2000, § 12.3; Amend. of 8-3-2020)
(a) Definition. A nonconforming feature is a physical feature or characteristic of a use, building, structure or other development or land that was lawfully established prior to the effective date of this chapter or a subsequent amendment thereto, but does not conform to the intensity regulations of article II or the design standards of article VI of this chapter applicable to such use, building, structure or development of land. Nonconforming features include, but are not limited to, physical features and characteristics of development that exceed allowable maximum standards (height, etc.), and those that lack or fall short of required minimum standards (setbacks, open space/recreation space, parking and loading spaces, access and circulation arrangement and design, water supply and sewage disposal arrangement, and landscaping requirements).
(b) Regulations. Nonconforming features may be continued subject to the following limitations:
(1) Action shall be taken which increases the degree or extent of the nonconforming feature. Any enlargement, extension or structural alteration shall conform to all current requirements of this article.
(2) When a building, structure, or other development of land having a nonconforming feature is damaged or demolished to the extent of 50 percent or more of its assessed taxable value, such building, structure, or development of land may be reconstructed only if the nonconforming feature is eliminated and the building or structure shall thereafter conform to the provisions of this chapter.
(c) Discontinuance. Any sign having a nonconforming feature shall be either eliminated or made to conform with the provisions of this chapter when any substantial alteration to the sign is proposed. Any building, structurally independent or freestanding structure other than a sign, or other development of land, (fencing, parking area, or accessory structure) having a nonconforming feature and having a replacement of correction cost of less than $5,000.00 shall be either eliminated or made to conform with the provisions of this chapter, within three years after the date of the notice of nonconformity required in section 14-557.
(Ord. of 7-10-2000, § 12.4; Amend. of 8-3-2020)
(a) Definition. A nonconforming sign is a sign that was lawfully established prior to the effective date of this chapter or a subsequent amendment thereto, but does not conform to the design standards of article VI of this chapter applicable to such sign.
(b) Regulations. Nonconforming signs may be continued subject to the following limitations:
(1) No nonconforming sign, including its permanent message or its structure, shall be extended, enlarged, moved, or otherwise altered unless such sign is made to conform to the current regulations of this chapter.
(2) When a nonconforming sign is damaged or demolished to the extent where more than 50 percent of its display area requires replacement, such sign shall be eliminated or made to conform to the current regulations of this chapter.
(3) When the repair or replacement cost of a nonconforming sign exceeds $2,500.00 for a sign located on a wood base, or $6,000.00 for a sign located on a metal base, such sign shall be eliminated or made to conform to the current regulations of this chapter.
(c) Amortization. Any nonconforming sign shall be either eliminated or made to conform to current regulations of this chapter in accordance with the following schedule:
(2) Any nonconforming sign that is exempt from regulation under subsection 14-504, but does not conform to the temporary sign limitations in section 14-504, shall be either eliminated or made to conform to the current regulations of this chapter within 120 days after the date of notice of nonconformity required in section 14-557.
(Ord. of 7-10-2000, § 12.5; Ord. of 11-13-2000, §§ 12.5.2, 12.5.3; Amend. of 8-3-2020)
(a) Minor repairs to and routine maintenance of land, buildings, structures, or to other development of land or portion thereof, devoted to a nonconforming use or having nonconforming features are permitted, provided the cost of such repairs and maintenance within any 12-month period does not exceed 30 percent of the current assessed taxable value of the land, building, structure, or other development of land, or portion thereof.
(b) Any structure or other development of land, or portion thereof, devoted to a nonconforming use or having a nonconforming feature, that is declared unsafe by the building inspector because of lack of repairs and maintenance, shall not be repaired, restored, or used except in conformity with the provisions of this chapter.
(c) Any structure or other development of land, or portion thereof, devoted to a nonconforming use or having a nonconforming feature, that is declared unsafe by the building inspector, but not because of lack of repairs or maintenance, may be repaired and restored subject to the requirements of sections 14-553(b) and 14-554(b).
(Ord. of 7-10-2000, § 12.6; Amend. of 8-3-2020)
(a) Within 18 months after the effective date of this chapter, or subsequent amendment thereto, the county manager shall conduct an inventory of all nonconforming uses, and other significant nonconforming features existing within the county's jurisdiction.
(b) On completion of the inventory, the county manager, or his assigns, shall notify the owner of the nonconforming lot, or the property on which each nonconformity is located, of the determination of nonconformity, the reasons thereof, and the deadlines, where applicable, for compliance with the provisions of this article as amended.
(c) The requirements of this section shall not preclude the further inventory and subsequent notices of nonconformity.
(Ord. of 7-10-2000, § 12.7; Amend. of 8-3-2020)
Secs. 14-558—14-590. - Reserved.