(A) Permitted uses for certain legal nonconforming lots. Notwithstanding any provision in this chapter to the contrary, accessory buildings or structures and uses customarily incidental to residential properties that are allowed within the zoning district where the lot is located shall be permitted uses for all legal nonconforming lots with existing single-family dwellings.
(Prior Code, § 8-7-1)
(B) Illegal lots.
(1) Permitted. Notwithstanding any provision in this chapter to the contrary, an illegal lot with an existing single-family dwelling shall be deemed a legal nonconforming lot; provided, that:
(a) The lot was created prior to January 1, 2000;
(b) The dwelling has been continuously occupied for not less than the last five consecutive years;
(c) The lot and improvements were purchased by a bona fide purchaser without knowledge of the illegality; and
(d) There are no delinquent property taxes.
(2) “Illegal lot” defined. For purposes herein, an ILLEGAL LOT means a lot that was created contrary to this chapter.
(Prior Code, § 8-7-2)
(C) Substandard lots at time of passage. Any lot legally held in separate ownership at the time of adoption of this chapter, which lot is below the requirements for lot area or lot width or frontage for the district in which it is located and on which lot a dwelling would be permitted if the lot met the area requirements of this chapter, may be used for a single-family dwelling if such a lot is located in an R1 or an RM District. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width; provided, that in no case shall the smaller of the two yards be less than five feet, nor shall the total width of the two yards be less than 13 feet; provided, however, that when this chapter replaces a previously adopted zoning ordinance, if a lot was legally created under the provisions of that ordinance, it shall be classified as a legal nonconforming lot under this chapter.
(Prior Code, § 8-7-3)
(D) Nonconforming lots prohibited after adoption.
(1) No lot or subdivision having less than the minimum width, depth, frontage, area, yard depth (setback), building envelope or open space area required in the district in which it is located may be created, except as may be expressly allowed elsewhere in this chapter, nor shall any land use approvals or permits be issued for uses on such lots.
(2) Any lot legally platted within the bounds of a subdivision that was created under the terms of a now repealed PRUD subdivision ordinance, PUD Overlay Zone, MPDR District or other repealed zoning or subdivision ordinance intended to provide flexibility from the required minimum width, depth, area, yard depth (setback), building envelope or open space area, may amend the width, depth, area, yard depth (setback), building envelope or open space area of the subdivision lot pursuant to the minimum standards that provided such flexibility in the ordinance that governed its creation. Current procedural requirements for plat amendments shall apply.
(Prior Code, § 8-7-4)
(E) Nonconforming uses.
(1) Continued. Except as provided in this division (E), a nonconforming use or structure may be continued.
(a) A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of extension.
(b) For the purposes of this division (E), the addition of a solar energy device to a building is not a structural addition.
(c) If any county acquires title to any property because of tax delinquency and the property is not redeemed as provided by law, the future use of the property shall conform with the existing provisions of the county ordinances equally applicable to other like properties within the district in which the property acquired by the county is located.
(d) The governing body may provide in any zoning ordinance or amendment for:
1. The restoration, reconstruction, extension, alteration, expansion or substitution of nonconforming uses upon the terms and conditions set forth in this chapter;
2. The termination of all nonconforming uses, except billboards, by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his or her investment in the nonconforming use, if any; and
3. The termination of a billboard that is a nonconforming use by acquiring the billboard and associated property rights through gift, purchase, agreement, exchange or eminent domain.
(e) If a county prevents a billboard company from maintaining, repairing or restoring a billboard structure damaged by casualty, act of God or vandalism, the county’s actions constitute initiation of acquisition by eminent domain.
(f) Notwithstanding divisions (E)(1)(d) and (E)(1)(e) above, a governing body may remove a billboard without providing compensation or amortization if, after providing the owner with reasonable notice of proceedings and an opportunity for a hearing, the governing body finds that:
1. The applicant for a permit made a false or misleading statement in his or her application;
2. The billboard is unsafe;
3. The billboard is in an unreasonable state of repair; or
4. The billboard has been abandoned for at least 12 months.
(g) A county may terminate the nonconforming status of school district property when the property ceases to be used for school district purposes.
(2) Maintenance, repairs and alterations. Maintenance repairs and structural alterations may be made to a nonconforming structure or to a structure housing a nonconforming use after receiving required permits.
(3) Additions, enlargements and moving.
(a) A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard requirements shall not be added to or enlarged in any manner, or moved to another location on a lot, nor shall any nonconforming use of land be expanded on a lot, except as provided herein.
(b) A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area or yard regulations may be added to or enlarged or moved to a new location on the lot after approval by the Zoning Administrator. Approval shall be granted by the Zoning Administrator upon findings that the addition, enlargement or movement of the structure does not create a greater nonconformity than what already exists for yard regulations, height regulations and coverage regulations of the applicable zoning district.
(4) Alteration where parking insufficient. A building or structure lacking sufficient automobile parking space in connection therewith as required by this chapter may be altered or enlarged, provided additional off-street automobile parking space is supplied to meet the basic requirements of this chapter for such alteration or enlargement.
(5) Restoration of damaged structures. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or is destroyed by fire, flood, wind, earthquake or other calamity or act of God or vandalism and the like, may be restored. The occupancy or use of such building, structure or part thereof, which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion in conformance with the ordinances of the county within two years.
(6) Preexisting nonconforming use may be continued; provisions. A structure utilized prior to the effective date hereof for a use, which after the effective date hereof is nonconforming, may continue to be utilized for such nonconforming use, unless the structure is vacated or the use ceased for a continuous period in excess of 365 calendar days. Land used prior to the effective date hereof for a purpose which after the effective date hereof is nonconforming may continue to be so used; provided, that such nonconforming use is not ceased for a continuous period in excess of 365 calendar days. No such nonconforming use of land may in any way be expanded or extended, either in the same or on adjoining property, except as may be otherwise provided.
(7) Effect of vacating nonconforming structure and ceasing nonconforming use.
(a) A vacant structure may be occupied by a use for which the building or structure was used, designed or intended, if so occupied within a period of 365 calendar days after the use became nonconforming.
(b) However, a structure or portion thereof occupied by a nonconforming use which is, or hereafter becomes, vacant and remains unoccupied by said nonconforming use for a continuous period in excess of 365 calendar days, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(c) Should a nonconforming use of land be ceased for a period in excess of 365 calendar days, any future use of such land shall be in conformity with the provisions of this chapter, and the previously authorized nonconforming use is expressly prohibited.
(8) Effect of change of use. The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.
(9) Nonconforming mobile home units.
(a) If a nonconforming mobile home is removed from the premises, it cannot thereafter be returned, except:
1. If the mobile home is returned within 60 days where such removal was upon order of the Building Official for correction of deficiencies or by decision of the owner for the purpose of correcting deficiencies; or
2. A new mobile home may be moved on the premises if:
a. Accomplished within 60 days;
b. The restored or new mobile home is owned by the same owner as the mobile home removed; and
c. Said mobile home is to be occupied for a continuous period of at least six months by the same occupants as the mobile home removed.
(b) Mobile home and recreational coach parks shall be licensed annually by the governing body as businesses. Such licenses shall not be issued to nor renewed for mobile home and recreational coach parks that do not meet the minimum standards contained in this chapter or otherwise established by the governing body.
(10) Termination of nonconforming uses. The governing body may in any ordinance provide for the termination of nonconforming uses of land for open storage or signage, either by specifying the period or periods in which nonconforming uses shall be required to cease, or providing a formula or formulas whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment and reasonable termination costs in the nonconforming use.
(Prior Code, § 8-7-5)
(Ord. 13-12, passed 8-20-2013)