§ 1500-13

This Chapter establishes standards for nonconforming uses and structures. It is the County's intent to allow for the continuation of nonconforming uses and occupancy, maintenance and repair of nonconforming structures, provided that such uses and structures do not impair public health, safety, or general welfare; are compatible with adjacent uses; and do not conflict with implementation of the General Plan.

(Ord. of 6-28-2022)

A.

Nonconforming Use. A nonconforming use is defined as an existing use that is not currently permitted by the existing zoning and/or General Plan designation of the subject property. A nonconforming use may be continued if consistent with the following:

1.

The use was legally established in compliance with all applicable regulations in effect at the time it was established, or pre-exists applicable regulations;

2.

There has been no expansion or intensification of the use except as otherwise provided in this Chapter; and

3.

The use has not been discontinued for a period of 24 consecutive months or more.

B.

Nonconforming Structure. A nonconforming structure is defined as a structure that does not meet the current property development standards of the applicable zoning district such as minimum setbacks, maximum height requirements, etc. Use of the nonconforming structure may be continued and maintained if consistent with the following:

1.

The structure was legally established in compliance with all applicable regulations in effect at the time it was established, or pre-exists applicable regulations;

2.

There has been no alteration, enlargement, or addition to the structure except as otherwise provided in this chapter; and

3.

The structure has not been vacant for a period of 24 consecutive months or more.

C.

Run with the Land. The right to continue a nonconforming use or structure shall run with the land.

D.

Burden of Proof. Any person asserting a right to a nonconforming use or structure has the burden of proof to demonstrate the existence of the use or structure prior to the establishment of the applicable zone or regulation for which it is nonconforming.

(Ord. of 6-28-2022)

1500-13-030 - Nonconforming Uses

A.

Change to Permitted Use. Any nonconforming use may be changed to a use that is principally permitted in the zone district in which it is located provided the use complies with all applicable standards for such use. A nonconforming use changed to a conforming use shall not return to a nonconforming use.

B.

Expansion of Nonconforming Use. The expansion or intensification of a nonconforming use shall require approval of a Use Permit and consistency with the following:

1.

The nonconforming use in a structure that does not conform to the Building Code may not expand the area it occupies until and unless the structure is brought into conformance with all applicable Building Code requirements;

2.

The nonconforming use shall not be expanded or extended onto adjoining property;

3.

The nonconforming use shall be brought into compliance with the parking and loading, fencing and other appropriate sections of this Zoning Code as determined through the Use Permits approval process; and

4.

The expansion of the nonconforming use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area because of noise, odors, dust, glare, vibrations, or other effects.

C.

Re-establishment of Nonconforming Use. The nonconforming use of a building may be re-established in a structure which cannot be used for a conforming use because of the design and construction of the building subject to approval of a Use Permit and consistency with the following:

1.

The nonconforming use has not ceased for a period of 10 years or more;

2.

Notwithstanding other provisions of this Chapter, the approving authority shall not be required to find that the re-established use is consistent with the General Plan; however, the approving authority shall make the finding that the structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the structure's value within any 5 year period. This requirement may be satisfied through submittal of a report prepared by an engineer/architect; and

3.

The re-established use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area because of noise, odors, dust, glare, vibrations, or other effects.

(Ord. of 6-28-2022)

A.

Maintenance. Maintenance, non-structural repairs and non-structural interior alterations are permitted to a nonconforming structure as long as the changes and improvements do not enlarge or expand the structure.

B.

Expansion of Nonconforming Structure. The alteration, enlargement or expansion of a nonconforming structure shall require approval of a Use Permit subject to the determination that the altered, enlarged or expanded structure will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the surrounding area.

C.

Damaged and Destroyed Nonconforming Structure. A structure that is damaged or partially destroyed by fire, explosion, natural disaster or other calamity may be restored or rebuilt subject to consistency with the following:

1.

The cost of repairs or reconstruction shall not exceed 50 percent of structure's value at the time of damage as determined by the Building Division;

2.

The repaired or reconstructed structure shall not increase the degree of nonconformity in regards to height, floor area, encroachment into setbacks and other property characteristics;

3.

The repairs or reconstruction shall conform to all applicable Building Code requirements; and

4.

A building permit shall be obtained for the repairs or reconstruction within two years after the date of the damage or destruction.

If the cost of repairs or reconstruction exceeds 50 percent of the structure's value at the time of damage, the structure may be rebuilt/restored subject to approval of a Use Permit.

(Ord. of 6-28-2022)

A non-conforming lot that does not comply with the minimum requirements of the zone district in which it is located (i.e. lot width, lot size) may be used for new development if determined consistent with the following:

A.

The new development is in compliance with all applicable development standards of the zone district in which it is located. Deviations to development standards or development of a lot not having public road frontage and no permitted structure(s) shall not be allowed unless a Variance to such standards is approved as provided for in this Zoning Code; and

B.

The new development shall not alter any existing non-conforming structure or increase the degree of nonconformity.

(Ord. of 6-28-2022)

1500-13-060 - Loss of Legal Status

Any nonconforming use, structure or lot shall lose its legal nonconforming status if determined by the Director to not be in compliance with this Chapter. Without further action by the County, further use of the lot or structure shall comply with all the regulations of the zone district in which the lot or structure is located, and all other applicable County requirements.

(Ord. of 6-28-2022)

Article 14 - Recycling Collection Facilities Chapter - 1500-14