(A) The lawful use of a building or structure existing on the effective date of the ordinance from which this section derives or which exists at the time of any amendment to this subchapter, and which is not in conformity with the provisions of the overlay district may be continued in accordance with §§ 157.210 through 157.213.
(B) No change or expansion of use shall be allowed, with the exception that:
(1) The Planning Commission may grant a nonconforming use and development waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures, provided that:
(a) There will be no increase in nonpoint source pollution load; and
(b) Any development or land disturbance exceeding 2,500 square feet in area complies with all erosion and sediment control requirement of this subchapter.
(2) An application for a nonconforming use and development waiver shall be made to and upon forms furnished by the Zoning Administrator and shall include, for the purpose of proper enforcement of this section, the following information:
(a) Name and address of the applicant and the property owner;
(b) Legal description of the property;
(c) Type of proposed use and development;
(d) A sketch of the dimensions of the lot or parcel, location of buildings, and proposed additions relative to the lot lines, and boundary of the RPA; and
(e) Location and description of any existing private water supply or sewerage system.
(3) Requests for a nonconforming use and development waiver shall be reviewed by the Planning Commission for compliance with the provisions of this section;
(4) The Planning Commission shall review the nonconforming use and development waiver 12 months from the date issued and shall revoke it by affirmative vote if no substantial work has commenced; and
(5) An application for the expansion of a nonconforming principal structure shall be approved by the Planning Commission if it finds that:
(a) The request for the waiver is the minimum necessary to afford relief;
(b) Granting the waiver will not confer upon the applicant any specific privileges that are denied by this subchapter to other property owners in similar situations;
(c) The waiver is in harmony with the purpose and intent of this subchapter and does not result in water quality degradation;
(d) The waiver is not based on conditions or circumstances that are self-created or self-imposed, either by the current property owner or by a predecessor in title;
(e) Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing degradation of water quality; and
(f) The application does not include any accessory structures.
(1998 Code, § 66-203) (Ord. passed 9-5-2017; Ord. O-2022-01, passed 4-5-2022) Penalty, see § 10.99