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(a) If no structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification. For the purposes of this chapter, each of the following classifications shall be considered to be “more restrictive” than those it precedes:
RC | Recreation/conservation |
RR | Rural residential |
RS-1 | Residential |
RS-2 | Residential |
RD | Residential |
RA-1 | Residential |
C | Commercial |
I-1 | Light industrial |
I-2 | General industrial |
(b) Whenever a nonconforming use has been changed to a more restrictive use or to a permitted use, the use shall not thereafter be changed to a less restrictive use.
(1992 Code, App. F, § 18.04) (Ord. 10-06, passed 1-23-2006)
A nonconforming use shall not be enlarged, extended, converted, reconstructed or structurally altered unless the use is changed to a use permitted in the district in which the premises is located except that a conditional use permit may be authorized after the following criteria are given specific consideration:
(a) Effect on surrounding property values;
(b) The density of land use zoning for the subject and adjacent properties;
(c) The degree of hardship upon the applicant which would be caused by failure to grant the permit; and
(d) It can be demonstrated that it was the owner’s intent to use the entire premises for the use prior to the adoption, revision or amendment of this chapter.
(1992 Code, App. F, § 18.05) (Ord. 10-06, passed 1-23-2006)
(a) When the use of a building is nonconforming as defined by this chapter and that building is damaged by a fire, explosion, act of God or the public enemy to the extent of more than 60% of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located.
(b) Exception: Single-family dwellings may be restored if damaged less than 100%.
(1992 Code, App. F, § 18.06) (Ord. 10-06, passed 1-23-2006)
Nothing in this subchapter shall be interpreted as authorization for, or approval of, the continuance of the use of a premises in violation of zoning regulations in effect immediately prior to the effective date of this subchapter.
(1992 Code, App. F, § 18.08) (Ord. 10-06, passed 1-23-2006)
(a) Nonstandard uses existing immediately prior to the effective date of this subchapter may be continued, although the uses do not conform to the provisions hereof.
(b) Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed or structurally altered as follows:
(1) Enlargements, extensions, conversions or structural alterations may be made as required by law or ordinance;
(2) Structural alteration of buildings or structures may otherwise be made if the changes do not encroach into an existing front yard, side yard or rear yard which is less than the minimum required yards for the district in which they are located; and
(3) Enlargement, extension, conversion of buildings or structures may otherwise be made if the changes comply with the minimum required yards, lot area, height, landscaping, parking and density for the district in which they are located.
(1992 Code, App. F, § 18.09) (Ord. 10-06, passed 1-23-2006)
CONDITIONAL USE REGULATIONS
(a) Any person, firm or corporation desiring a conditional use permit in any zoning district shall file a written application with the Lincoln County planning department requesting a conditional use permit.
(b) This application shall contain the following information:
(1) Legal description of the land on which the conditional use is requested;
(2) Name, address and phone number of the owner of the property which is the subject of the application;
(3) Name, address and phone number of the person making the application if made by anyone other than the owner;
(4) Zoning district classification under which the property is regulated at the time of the application; and
(5) Any other information concerning the property as may be requested by the Lincoln County planning department or the county and city planning commissions.
(1992 Code, App. F, § 19.01) (Ord. 10-06, passed 1-23-2006)
(1992 Code, App. F, § 19.02) (Ord. 10-06, passed 1-23-2006)
Except when waived by the planning director, each application for a conditional use permit shall be accompanied by a site plan showing the following information:
(a) The legal description of the property;
(b) The name of the project and/or business;
(c) The scale and north arrow;
(d) All existing and proposed buildings and additions;
(e) Dimensions of all buildings;
(f) Distance from all building lines to the property lines at the closest points;
(g) Building height and number of stories;
(h) Dimensions of all property lines;
(i) Parking lot or spaces, designating each space, lot dimensions, stalls and aisles;
(j) Screening; showing the height, location and type of material to be used; and
(k) Name and location of all adjacent roads, waterways and other public places. Any conditional use permit which has been approved shall conform in all ways to the site plans submitted. In the event that changes have been stipulated on the plan as part of the approval of the conditional use permit, the conditional use permit shall conform to the plan in all ways except for the stipulated changes.
(1992 Code, App. F, § 19.03) (Ord. 10-06, passed 1-23-2006)
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