A. Purpose: Within the zone districts established in chapter 2 of this title, there may be existing lots, structures and uses of land and structures, which were lawfully established before the adoption of this title, but which are now prohibited, regulated, or restricted. It is the intent of this section to allow these uses and structures to continue until such time as they are removed or otherwise brought into conformance with this title.
B. Burden On Owner To Establish Legality: The property owner bears the burden of establishing that any nonconforming use or nonconforming structure lawfully exists.
C. Enlargement Prohibited: A nonconforming commercial or industrial structure or nonconforming use shall not be enlarged in any way, unless it conforms to the provisions contained in this title.
D. New Nonconforming Use, Structure Prohibited: No lot, parcel of land, or interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part so as to create a new nonconforming use, structure, or lot/parcel, or to avoid or circumvent the requirements of this title. No building permit will be issued for any lot, parcel, or structure which has been transferred, conveyed, sold, subdivided or acquired in violation of this title.
E. Nonconformance Of Area Per Dwelling Unit: A parcel/lot that was lawfully created but does not conform to the minimum area per dwelling unit requirement of the zone district in which it is located shall be considered a lot of record and is entitled to one, but no more than one dwelling unit thereon (lot of record) if it can meet the Development Code criteria.
F. Maintenance And Repair Of A Nonconforming Structure: A nonconforming structure may be repaired, maintained, or improved, provided such repair, maintenance, or improvement is in compliance with the provisions of this title. A nonconforming structure may be altered to decrease its nonconformity or to be brought into compliance with the provisions of this title.
G. Removal Of A Nonconforming Use Or Nonconforming Structure: If any such nonconforming use, nonconforming structure or nonconforming portion thereof is demolished or removed at the will of the property owner, any subsequent use, structure or portion thereof shall thereafter be required to conform to the regulations specified in this title for the zone district in which the use or structure is located.
H. Replacement Of A Nonconforming Use Or Nonconforming Structure: If any nonconforming use, nonconforming structure, or nonconforming portion thereof, is destroyed by fire or other natural cause, it may be replaced. If all necessary development permits are not obtained to repair or replace the damaged structure or use within one year from the date of loss, the structure or use may not be reconstructed or replaced, except in conformance with the provisions of this title. The CDD or designated planning staff member may grant a onetime, one year extension upon finding that special circumstances, such as construction schedules, seasonal weather conditions, renewed business demand, or other similar circumstances exist which warrant such an extension. In order to grant an extension, the property owner shall file a written request to the Community Development Department requesting such extension and be under due diligence in replacing or rebuilding the use or structure, prior to the end of the original one year period.
I. Enlargement Of A Nonconforming Residential, Agricultural, Or Accessory Structure: A nonconforming residential, agricultural, or accessory structure may be enlarged according to the following criteria:
1. Building Permit Required: Any portion of a nonconforming residential or accessory structure that complies with the setback requirements for the zone district in which the structure is located may be enlarged through the building permit process only, if the enlargement will further comply with all applicable zoning requirements. See figure 1 of this section.
2. Agricultural Structure: Any portion of a nonconforming agricultural structure that complies with the setback requirements for the zone district in which the structure is located may be enlarged through the building permit process or if applicable, the agricultural use exemption, if the enlargement will further comply with all applicable zoning requirements. See figure 1 of this section.
3. Low Impact Permit Required: Any portion of a nonconforming residential, agricultural, or accessory structure that does not comply with the setback requirements for the zone district in which the structure is located may be enlarged through the low impact permit process described in section 10-3-4 of this title and according to the following criteria:
a. At least fifty percent (50%) of the existing structure walls to be expanded, from which the setback is measured, must be nonconforming. See figure 2 of this section.
b. Additions to nonconforming residential, agricultural, or accessory structures may extend to the existing nonconforming setback line, but may not encroach farther into the setback. See figure 3 of this section.
c. In no case shall the addition be closer than fifty percent (50%) of the zone required setback. See figure 4 of this section.
d. The existing nonconforming wall to be expanded shall not be increased in height, unless it is set back at least twenty four feet (24') from closest neighboring primary dwelling structure wall or meeting the zone required setback. If the expansion of the nonconforming wall is proposed to be higher than the existing wall, is not set back at least twenty four feet (24') from the closest neighboring primary dwelling structure wall or meeting the zone required setback, a conditional use permit shall be required. In no case can the expansion be higher than the maximum height requirement allowed in section 10-4-22 of this title.
e. Nonconforming residential, agricultural, or accessory structures may not be enlarged for the purpose of increasing density.
J. Critical Lands:
1. Prohibited: Any portion of a nonconforming residential, agricultural, accessory, or commercial structure or any portion of a nonconforming use that is located within critical lands (wetlands, slopes greater than 30 percent, and streams, etc.) shall not be enlarged.
FIGURE 1
Addition proposed that complies with the zone required setbacks. Building permit required.
FIGURE 2
At least fifty percent (50%) of the wall proposed to be enlarged shall be nonconforming. Low impact permit required.
FIGURE 3
Addition proposed to the existing nonconforming setback line, but not farther into the setback. Low impact permit required.
FIGURE 4
Addition proposed to the existing nonconforming setback line, but not closer than fifty percent (50%) of the zone required setback. Low impact permit required.
(Ord. 831, 10-1-2014)