A. Purpose: Within the zone districts established in chapter 3 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. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
FIGURE 1
Addition proposed that complies with the zone required setbacks. Building permit required.
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 11-4-16 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.
FIGURE 2
At least fifty percent (50%) of the wall proposed to be enlarged shall be nonconforming. Low impact permit required.
b. Additions to nonconforming residential, agricultural, or accessory structures may extend to the existing nonconforming setback line, but may not encroach further into the setback. See figure 3 of this section.
FIGURE 3
Addition proposed to the existing nonconforming setback line, but not further into the setback. Low impact permit required.
c. In no case shall the addition be closer than fifty percent (50%) of the zone required setback. See figure 4 of this section.
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.
d. Nonconforming residential, agricultural, or accessory structures may not be enlarged for the purpose of increasing density.
I. Enlargement Of A Nonconforming Commercial Or Industrial Structure: A nonconforming commercial or industrial structure may be enlarged according to the following criteria:
1. Building Permit Required: Any portion of a nonconforming commercial or industrial structure that does not comply 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. This provision only applies to commercial or industrial nonconforming structures that contain a conforming use. See figure 1 of this section.
2. Low Impact Permit Required: A nonconforming commercial or industrial structure shall not be enlarged in any way that increases the nonconformity, except through the low impact permit process described in section 11-4-16 of this title and according to the criteria found in this section. A public hearing shall be held before the commission. Following the public hearing, the commission shall make a recommendation to the CDD regarding an approval, approval with conditions, or denial of the application.
J. Enlargement Or Conversion Of A Nonconforming Commercial Or Industrial Use: A nonconforming commercial or industrial use may be enlarged or converted to another nonconforming use according to the following criteria:
1. Low Impact Permit Required: A nonconforming commercial or industrial use shall not be enlarged in any way that increases the nonconformity except through the low impact permit process described in section 11-4-16 of this title and according to the criteria found in this section. A public hearing shall be held before the commission. Following the public hearing, the commission shall make a recommendation to the CDD regarding an approval, approval with conditions or denial of the application.
2. Abandonment Or Loss Of Nonconforming Commercial Or Industrial Use: A nonconforming commercial or industrial use that is discontinued for a continuous period of one year is presumed abandoned and shall not thereafter be reestablished or resumed. The property owner shall have the burden of establishing that any claimed abandonment has not in fact occurred. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing such abandonment. All evidence either providing nonabandonment or abandonment shall be submitted to the CDD who shall make a final determination of abandonment status. Any subsequent use of the building, structure, or land must conform to the regulations specified in this title for the zone district in which the use is located.
3. Special Standards That Shall Be Met For Expansions Or Conversions Of Nonconforming Commercial Or Industrial Uses:
a. The use does not significantly increase vehicular traffic or interfere with traffic flow;
b. The use does not significantly increase the demand for parking;
c. The use does not significantly intensify the likelihood of pedestrian and vehicular conflicts;
d. The use does not create unsightly conditions or impacts to the environment including, but not limited to, unscreened storage and other environmental concerns;
e. The use does not significantly intensify noise levels or odors;
f. The use does not create significant dust and dirt conditions, which cannot be adequately mitigated;
g. The use does not significantly intensify lighting and glare conditions; (Ord. 759, 6-29-2011)
h. The use does not create a significant change in privacy for adjacent property owners; and
i. The use will not adversely affect, in a significant manner, the public health, safety, and welfare. (Ord. 799, 3-6-2013)
K. Sensitive 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 sensitive lands (wetlands, slopes greater than 30 percent, and streams) shall not be enlarged. (Ord. 759, 6-29-2011)