Sec. 26-170. - Purpose and intent.

This division establishes uniform provisions for the regulations of legal nonconforming land uses, structures and parcels. Within the zoning districts established by this Development Code, there are existing land uses, structures, and parcels that were lawful before the adoption, or amendment of this Development Code, but that would be prohibited, regulated, restricted differently under the terms of this Development Code or future amendments. It is the intent of this Development Code to discourage the long-term continuance of nonconformities, but to permit them to exist under the limited conditions outlined in this article. This article is intended to be administered in a manner that encourages the eventual abatement of nonconformities.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-171. - Establishment of nonconforming uses, structures.

A nonconforming building, structure or other physical feature is a legally established building, structure or other physical feature which does not meet the standards of the zoning district in which it is located. It can also be a building, structure or other physical feature for which an administrative use permit, variance or other similar permit is required but for which no such permit has been obtained because the building, structure, or other physical feature was established prior to the application of the existing zoning district

due to rezoning, annexation or other change in the regulation of the Development Code. Legally established nonconforming building, structures or other physical features shall be governed by the following regulations:

(a)

Nonconforming buildings, structures, or other physical features may be continued indefinitely subject to the provisions of this division.

(b)

A nonconforming building, structure, or other physical feature shall not be reconstructed, except as provided for in division 4 of this article, expanded, or enlarged unless the new work will be in conformance with the regulations and standards of the zoning district in which is it located and the new provisions of the ordinance.

(c)

A nonconforming building, structure, or physical feature may be remodeled, rehabilitated or structurally altered if the new work does not increase the degree of the non-conformity.

(d)

A nonconforming, structure, or physical feature damaged or destroyed by any means except demolition or intentional removal, may be reconstructed to its original condition if the chief building inspector determines that the costs of reconstruction does not exceed fifty (50) percent of the replacement construction value of the building or structure at the time of damage or destruction as determined by the building official. The building official shall conduct a review and may limit reconstruction of parts of the project that would create a health or safety issue. The building official review shall identify those items that, for reasons of health and safety, shall not be allowed to be reconstructed to the dimensions, footprint, or use as they were prior to the damage, and shall provide for those items the required degree of compliance with the current code. Where the building official determines that the costs of reconstruction exceed fifty (50) percent of the replacement construction value of the building at the time of its destruction of or damage, a nonconforming building, structure or physical feature may be reconstructed to its original or other nonconforming condition only upon the approval of a variance by the Planning Commission pursuant to the provisions of article VI, division 5 applied for within one (1) year of damage or deconstruction. The Planning Commission may require as a condition of approval that the building is thereafter devoted to a conforming use. The Planning Commission must make the following findings to approve such a use permit.

(1)

The proposed reconstruction of a nonconforming building, structure or physical feature will not be detrimental to any existing or potential permitted use, building or structure in the area in which the nonconforming use is located.

(2)

This finding shall be in addition to those required for the approval of a variance contained in article VI, division 5.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-172. - Continuation and maintenance.

(a)

Continuation of nonconforming uses and structures.

(1)

Except as otherwise provided herein, any structure or use legally established on the effective date of the Development Code, may continue as a nonconforming parcel, structure or use.

(2)

Any structure or use legally established prior to the annexation of the property may continue as a nonconforming structure or use, respectfully.

(3)

A change in ownership or tenancy without any change in use, occupancy or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this article.

(b)

Maintenance of nonconforming uses and structures

(1)

Routine maintenance and repairs may be performed on a nonconforming parcel, use or structure provided such work does not involve structural alterations or any enlargement of the structure subject to the granting on building permits as required by the building official.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-173. - Continuation of nonconformities.

(a)

Maintenance and repairs allowed.

(1)

A nonconformity (i.e., parcel, sign, structure, or use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space, or volume, except for improvements and expansions specified in subsection (b), below. A nonconformity may be maintained provided that no structural alterations shall be made to structural supporting members (i.e., bearing wall,

column, beam, girder, rafter, joist), except as required for health and safety as determined by the building official.

(b)

Improvements and expansions allowed.

(1)

The addition of one (1) accessory structure related to a conventional single-family dwelling provided that all structures shall comply with all other regulations of the zone (This does not apply to accessory dwelling units);

(2)

The addition of animal sheds or shades, hay barns, etc. for agricultural operations where there is no increase in animals, wastewater, or employees;

(3)

The continued use and expansion of certain nonconforming communications buildings and structures (including, but not limited to, radio towers, wireless facilities, and antennas) that directly or indirectly provide or support emergency services within the county (including, but not limited to, the broadcast of Emergency Alert System messages or public agency communications) may be allowed subject to the approval of a conditional use permit in compliance with article VI, division 4 and the following findings;

a.

That the improvement and/or expansion of the nonconformity is directly or indirectly related to the provision of emergency services within the county and will provide these services for the lifetime of the project;

b.

That the improvement and/or expansion of the existing nonconforming building or structure will not result in an increase of more than one hundred (100) percent of the original floor area of the nonconformity, not including the floor area of any previously approved expansions; and

c.

That the improvement and/or expansion of the nonconformity would not be detriment to the public health, safety and general welfare.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)