Intent.
A. It is the intent of this article to allow legally existing uses, structures, and properties that do not meet UDO requirements at the effective date or subsequent amendments to continue until they are discontinued, removed or are no longer used, but not to encourage their survival. These legally nonconforming uses, structures and properties are declared by this article to be incompatible with permitted conditions in the zone district where they are located. Nonconforming uses and structures shall not be enlarged, extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same zone district.
Nonconforming uses.
A. Continuation of use. A legal
use existing at the effective date of
UDO or subsequent amendments, may be continued despite not conforming with the provisions of
UDO, or any subsequent amendments.
B. Discontinuance. If any
nonconforming use is discontinued through vacancy, lack of operation, or otherwise for a continuous period of 365 days or more, the use shall not be resumed unless the
use conforms to all provisions of
UDO, including, but not limited to the regulations of the
zone district in which the use is located. (See
Article 39-2: Zone Districts.)
C. Burden of proof. If the Zoning Administrator finds that a nonconforming use is discontinued under the provisions of this article, the property owner shall have the burden of proof to substantiate that the use was not abandoned and shall provide documentation thereof.
D. Change to another nonconforming use. The nonconforming use of any structure may be changed to another nonconforming use upon public hearing and findings of fact by the Board of Appeals that the proposed nonconforming use will not be more incompatible, detrimental, or create additional nuisance factors than the previous nonconforming uses. The Board of Appeals shall consider the following for its determination:
1. Evidence that the proposed nonconforming use will not adversely affect or decrease the valuation of neighboring property;
2. Evidence that the proposed nonconforming use will not increase density, congestion or general nuisance to neighboring property;
3. Evidence that the proposed, nonconforming use will not increase the amount of radioactivity, vibration, noise, odor, heat or other adverse factors;
4. Evidence that the proposed nonconforming use will not necessitate an increase in off-street parking that would be detrimental to neighboring property; and
5. Additional factors as determined by the Board of Appeals relating to the health, safety, and welfare of adjacent property, which would be adversely impacted.
E. Accessory structures. Expanding, replacing or adding a detached accessory structure to a property with a nonconforming residential use shall be allowed if the Zoning Administrator determines the following:
1. The
accessory structure is a
fence, shed, garage or other similar
structure that is allowed in the
zone district.
2. The
accessory structure will meet all of the required setbacks, height and other requirements of
UDO.
3. The
accessory structure will not have negative impacts as described in
§ 39-13.02D,
§ 39-13.02D.1 through
§ 39-13.02D.4.
4. The
accessory structure will not expand the current
nonconforming use of the
property.
Nonconforming structures.
A. Continuance of structure. Any structure existing at the effective date of UDO or subsequent amendments may remain in place and does not need to be altered despite not conforming with the provisions of UDO or any subsequent amendments.
B. Expansions. Expansions of nonconforming structures, conforming in use, shall only be permitted if the following standards are met:
1. The expansion or modification of the
structure shall not result in greater nonconformity with respect to maximum setback or minimum height requirements (for other
nonconforming setbacks see also
§ 39-12.12D.3).
2. The minimum
parking requirements for all uses on the
property shall be met. See
Article 39-2: Zone Districts; and
3. Any expansion of the
structure shall conform to all other
zone district requirements.
C. Interior renovation. The interior of any nonconforming structure may be renovated.
D. Structures under construction at the effective date of UDO or amendment. Nothing in this article shall require a change in the plans, construction, or designated use of any structure under a building permit issued before the effective date of UDO, or a subsequent amendment to UDO, unless the building permit expires prior to completion of construction.
Nonconforming properties.
A. Existing lots of record can be built on regardless of if the lot meets the lot size and/or lot width requirement for the zone district, as long as all other dimensional standards are met.
Reestablishment of nonconformity.
A. Whenever a nonconforming use, structure, or property has been brought into compliance with UDO, the nonconformity shall not be reestablished.
