Article 11.5 - Noncomformities

.1 Purpose and Applicability
The purpose of this article is to regulate and limit the continued existence of uses and structures that were established prior to the effective date of these regulations and that do not conform to these regulations. Any nonconformity created by a change in the text of these regulations or by the reclassification of property shall be regulated by the provisions of this chapter. The "effective date" referenced below shall be the date the text of these regulations or the Zoning Map is amended to render a particular use, structure, or lot nonconforming. Many nonconformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities, and to bring about their eventual improvement or elimination.

.2 Nonconforming Uses

a) Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses, may continue only in accordance with the provisions of this section.

b) Normal repair and maintenance may be performed to allow the continuation of a nonconforming use; this shall include the replacement of a manufactured home with another manufactured home of same or greater width.

c) A nonconforming use shall not be expanded, nor shall a nonconforming use be enlarged by additions to the structure in which the nonconforming use is located or through the occupation of additional lands.

d) Not withstanding c) above, any structure, other than a manufactured home, used for single-family residential purposes may be enlarged or replaced with a similar structure so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements. Construction of accessory structures shall also be permitted for nonconforming single-family uses.

e) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Ordinance, was manifestly designed or arranged to accommodate such use. For example, a nonconforming use can utilize a storage area for office space. However, a nonconforming use may not be extended to additional buildings.

f) A structure in which a nonconforming use is located shall not be moved unless the use thereafter shall conform to the standards of the zoning district(s) to which it is moved.

g) A nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, the nonconforming use shall not be re-established.

h) Where a nonconforming use is discontinued or abandoned for six consecutive months, or displaced for any period of time due to structural damage exceeding the limits under subsection i) below, then the use shall not be re-established or resumed, and any subsequent use of the land or structure shall conform to the requirements of these regulations.

i) Where a structure in which a nonconforming use is located is destroyed or damaged so that more than 25% of the value of such structure remains, then the structure may be repaired or restored for the previously established nonconforming use if a building permit for the repair or restoration is issued within six months of the date of the damage. Where a structure in which a nonconforming use is located is destroyed or damaged so that no more than 25% of its value remains, then the structure may be repaired or restored only for uses which conform to the standards of these regulations for the zoning district in which it is located. The extent of damage or destruction shall be determined by comparing the estimated cost of repair or restoration with the value prior to any damage.

.3 Nonconforming Structures

a) A nonconforming structure, devoted to a use permitted in the zoning district in which it is located, may continue only in accordance with the provisions of this section.

b) Normal repair and maintenance may be performed to allow the continuation of a nonconforming structure; this shall include the replacement of a manufactured home with another manufactured home of same or greater width.

c) Any nonconforming structure may be enlarged if the expansion meets the criteria of Section 2.3 of this ordinance.

d) A nonconforming structure shall not be moved unless it thereafter conforms to the standards of the zoning district in which it is located.

e) A nonconforming structure, destroyed or damaged so that more than 25% of the value of such structure remains, may be repaired or restored if a building permit for the repair or restoration is issued within six months of the date of the damage. A nonconforming structure, destroyed or damaged so that no more than 25% of its value remains, may be repaired or restored only if the structure conforms to the standards of these regulations for the zoning district in which it is located. The extent of damage or destruction shall be determined by comparing the estimated cost of repair or restoration with the value.

.4 Nonconforming Accessory Uses/Structures

a) No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, discontinuance, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located.

b) A nonconforming accessory use or accessory structure may be expanded only if the nonconforming features of that use or structure are not expanded so as to increase the degree of nonconformity.

c) Where an accessory structure containing a nonconforming use is destroyed or damaged so that more than 25% of its value remains, then the structure may be repaired or restored for the previously established nonconforming use within six months of the date of the damage. Where an accessory structure containing a nonconforming use is destroyed or damaged so that no more than 25% of its value remains, then the structure may be repaired or restored only for uses which conform to the standards of these regulations for the zoning district in which it is located.

d) Where a nonconforming accessory structure is destroyed or damaged so that more than 25% of its value remains, then the structure may be repaired or restored within six months of the date of the damage. Where a nonconforming accessory structure is destroyed or damaged so that no more than 25% of its value remains, then the structure may be repaired or restored only if the structure conforms to the standards of these regulations for the zoning district in which it is located.

.5 Nonconforming Vacant Lots

a) Except as provided below in paragraph b), a nonconforming vacant lot may be used for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets to the extent practicable all limitations and minimum requirements of this ordinance for the zoning district in which the lot is located.

b) A vacant lot, nonconforming as to size and/or width, shall not be used if it could be combined with an adjoining vacant lot owned by the same person on or after the effective date of these regulations in order to create a single lot. If the combination of any number of contiguous lots results in the creation of single lots that are more than one-and-one half (1-1/2) times the width or area required in the zoning district, then the single lots may be divided into lots of no less than 3/4 of the required width or area, as determined by the Planning Director, without being further classified as nonconforming.

c) Where an existing mobile home park or manufactured home park does not meet the standards of these regulations, a mobile or manufactured home unit may be placed or replaced on an existing lot according to the criteria of Article 4.

.6 Non-Conforming Landscaping and Screening

a) If there is a change of use or an expansion to the heated square footage of an existing structure that results in an expansion to the footprint of the building, the lot shall fully comply with all landscaping requirements of Article 7, Part A of this ordinance.

b) Expansions to the parking and loading areas shall comply with the following:

1) An increase of the total area equal to or less than 40% shall be required to comply with internal and perimeter landscaping requirements. Buffer yard widths shall be reserved, but plantings are not required.

2) An increase of the total area greater than 40% shall be required to comply with all applicable requirements of Article 7, Part A of this ordinance.

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