APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE 9. NONCONFORMITIES

Any lawfully existing nonconforming use or part or all of a structure or any lawfully existing nonconforming use of land, may be continued, so long as otherwise lawful.

(Ord. 2379; Ord. 2409)

(A)  Normal maintenance and incidental repair, or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

(B)  Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

(Ord. 2379; Ord. 2409)

A nonconforming use shall not be extended, expanded, enlarged, or increased in intensity.

Such prohibited activities shall include, without being limited to:

(A)  Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming).

(B)  Extension of such use within a structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming); provided, however, that such use may be extended throughout any part of such structure that was lawfully and manifestly designed or arranged for such use on such effective date.

(Ord. 2379; Ord. 2409)

No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

(Ord. 2379; Ord. 2409)

In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any non-intentional means, to the extent of more than 50 percent of its appraised value, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located, except for the following:

(A)  pole signs as described in Exhibit A of Ordinance 2323, dated December 20, 2012,

(B)  and except for manufactured or mobile homes that are located outside of a mobile home park, which may be replaced upon issuance of a Special Use Permit, in accordance with Section 4.N of Article 10 of these regulations.

(C)  Single Family and Two Family structures located in an “R-3” (Multi-Family Dwelling District) zoning district, which may be replaced upon issuance of a building permit.

When such damage or destruction is 50 percent or less, no repairs or restoration shall be made unless a building permit is obtained, and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(Ord. 2379; Ord. 2409)

No structure that is devoted in whole or in part to a nonconforming use and no conforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot or tract, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning districts in which it is located after being so moved.

(Ord. 2379; Ord. 2409)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special use be changed to another nonconforming use provided that the Board of Zoning Appeals either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with Article 12, Section 2.B Variances. Once a change is made to a more appropriate use, the use shall not be returned to the original use or a less appropriate use.

(Ord. 2379; Ord. 2409)

When a nonconforming use is discontinued or abandoned for a period of 12 consecutive months, such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

(Ord. 2379; Ord. 2409)

No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate. See also Article 7 Signs, Sections 9 and 10 for specific regulations concerning nonconforming signs.

(Ord. 2379; Ord. 2409)

Notwithstanding the provisions of Article 12, Section 2.C Granting a Substitution of a Nonconforming Use and Section 2.D Conditions of Determinations, any structure which is devoted to a residential use and which is located in a business or industrial district, may be remodeled, extended, expanded, and enlarged; provided that after any such remodeling, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

(Ord. 2379; Ord. 2409)

All existing mobile home or manufactured home parks not meeting the requirements of these regulations shall be declared nonconforming and shall not be permitted to add spaces or make any improvements inconsistent with the terms and conditions of these regulations; except that, any existing manufactured home park developed according to a valid special use permit or other approved development plan, shall become a legal, conforming use under these regulations.

(Ord. 2323; Ord. 2379; Ord. 2409)