This subchapter has established specific requirement for WECS which must be satisfied before the County Board may approve a WECS Special Use. However, it is understood and anticipated that the circumstances beyond the control of the applicant or operator may cause the WECS to become noncompliant with the provisions of this subchapter. Recognizing both the legitimate interest of those who lawfully established such a nonconformity and the need to protect the public health, safety, comfort and general welfare, the provisions of this section is intended to provide for the regulation of nonconforming uses, lots and structures within the following:
(A) It is the intent of this section to permit nonconforming uses to continue until they are removed or until they become a risk to public safety and health;
(B) It is the intent of this section that nonconforming structures shall not be enlarged upon, expanded or extended, unless they are brought into compliance with the current regulations, subject to reasonable exceptions listed below;
(C) Any nonconforming structure which received a siting approval permit from the county prior to becoming nonconforming, may be continued only in accordance with the following:
(1) No nonconforming structures shall be:
(a) Added to or enlarged in any manner that increases the nonconformity, except as allowed under the exceptions below;
(b) Moved or relocated, in whole or in part, that increases the nonconformity, except as allowed under the exceptions below; or
(c) Renewed if abandoned for a period of 12 continuous months. The term "abandoned" does not apply to any structure that is not in use or operation due to on-going construction, maintenance, repair or replacement work.
(2) Nonconforming use of a structure:
(a) Used for its intended uses and operation, subject to the provisions of this division;
(b) Damage: restoration or reconstruction;
(c) A nonconforming structure may be: Restored or reconstructed to its original size, height and dimensions, if damaged or destroyed, subject to compliance with applicable then current state or federal laws governing the construction and operation of WECS. Said restoration or reconstruction shall be upon (a) the original foundation, if feasible; or (b) the location of the original foundation; or (c) a new location that does not increase the nonconformity; or
(d) A WECS tower may be restored or reconstructed at its original location where it existed prior to construction of any primary structure following the initial approval and construction of the original tower, participant or non-participant.
(3) Exceptions:
(a) Structural alterations or repairs of a nonconforming structure required by law shall be permitted;
(b) No nonconforming structure shall be structurally altered or enlarged in such a manner that would further increase the nonconformity, except that structural alterations or operations components related with normal maintenance, repairs and replacements may be permitted where there is no increase in the existing encroachments; and
(c) Provided that the result is to change the status of a structure or use from nonconforming to conforming, such structure or use may be: structurally altered, added to or enlarged, moved or relocated, in whole or part, expanded or extended, changed or, restored or reconstructed.
(Res. LU-23-09, passed 5-31-2023)