ARTICLE 7 - NON-CONFORMING USES
SECTION 701 INTENT: Within the zoning districts established by this
Resolution or future amendments to such districts, there exist 1) lots, 2)
buildings or structures, 3) uses of land and buildings or structures, and 4)
characteristics of use which were lawful prior to the adoption or future
amendment of this Resolution, but which would be prohibited, regulated or
restricted under the terms of this Resolution or future amendment. It is the intent of this Resolution to
permit these non-conformities to continue until they are voluntarily
discontinued, but not to encourage their survival. It is further the intent of this Resolution that, with the
exception of existing residential structures, non-conformities shall not be
enlarged, expanded or extended, nor be used as grounds for adding other
buildings, structures or uses prohibited in the zoning district in which such
non-conformities are located, except as specifically authorized in this
Resolution.
SECTION 702 LIMITATIONS ON
EXPANSION: Non-conforming buildings,
structures and uses are declared by this Resolution to be incompatible with the
intent of the zoning districts and the permitted uses in the zoning districts. A non-conforming use of a building or
structure, a non-conforming use of land, or a non-conforming use of a building
or structure and land in combination, except existing residential structures,
shall not be extended or enlarged after adoption of this Resolution or
amendment thereto, except as specifically authorized in this Resolution.
SECTION 703 HARDSHIP:
To
avoid any undue hardship, nothing in this Resolution shall be deemed to require
a change in the plans, construction or designated
use of any building or structure for which a zoning permit has been lawfully
issued or for which actual construction has been lawfully initiated prior to
the effective date of the Resolution or amendment thereto where actual
construction activity has been carried on diligently. Actual construction is defined to be the placing of substantial
construction materials, other than earth, in a permanent position and fastened
in a permanent manner. “Carried on
diligently” shall be defined to mean that construction has been on-going except
through the winter months, defined as being November 1 through April 1 of the
following year.
SECTION 704 EXCEPTIONS: Notwithstanding
other requirements of this Section, a lawfully established
residential use rendered non-conforming by adoption
of this Resolution or amendment thereto, may be enlarged, altered, or
reconstructed, subject to the following restrictions:
704.01 Such residential use shall comply with
Section 705 of this Resolution.
704.02 This provision shall not be construed to
include more than one use on a lot and shall be
applicable so land as such
use remains otherwise lawful.
704.03 A zoning permit shall be required for any such
enlargement or reconstruction.
SECTION 705 NON-CONFORMING
LOTS OF RECORD: In any zoning district,
primary and customary accessory buildings of the type permitted in each zoning
district may be erected on any single lot of record after the effective date of
this Resolution or amendment thereto notwithstanding limitations imposed by
this Resolution or amendment thereto, subject to the following conditions:
705.01 Such lot must be in separate ownership and
not of continuous frontage with other lots in
the same ownership.
This provision shall apply even though such lot fails to meet the
requirements for area or width or both that are applicable to the zoning
district in which such lot is located, provided that erection of any building
or structure shall comply with all setback (yard) requirements of the zoning
district in which said lot is located.
Variance of said minimum setback requirements shall be obtained only
through action of the Board of Adjustment.
705.02 If two (2) or more lots or combination of
lots and portions of lots with continuous
frontage in the same ownership are of record on the
effective date of this Resolution or amendment thereto and if all or part of
the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be
an undivided parcel for the purposes of this Resolution and no portion of said
parcel shall be used or sold in any manner which diminishes compliance with the
minimum lot width and area requirements of the zoning district in which said
parcel is located nor shall any division of any parcel be made which creates a
lot with width or area which is less than the requirements set forth in the
zoning district in which said parcel is located.
705.03 Where a lawfully
established lot, tract or parcel, less than twenty (20) acres in area, was
in existence and
under separate ownership as of the effective date of this Resolution and
the entirety of such lot, tract or
parcel lies within the minimum separation distances set forth in this
Resolution for any waste handling facility, a residential use may be established
on said lot, tract or parcel.
705.04 Where a lawfully established lot, tract
or parcel, twenty (20) acres or more in area, was
in existence and
under separate ownership as of the effective date of this Resolution and
the entirety of such lot, tract or
parcel lies within the minimum separation distances set forth in this
Resolution for any waste handling facility, said parcel may be used for
agricultural purposes, but a residential use may not be established on said
lot, tract or parcel.
705.05 Where a lawfully established lot, tract
or parcel, less than twenty (20) acres in area,
was
in existence and under separate ownership as of the effective date of this
Resolution
and a portion of
such lot, tract or parcel lies within the minimum separation distances set
forth in this
Resolution for any waste handling facility, a residential use may be
established on
said lot, tract or parcel, provided such residential use is located on that
portion of said
lot, tract or parcel which is beyond the minimum separation distances
specified in this
Resolution from any waste handling facility.
705.06 Where a lawfully established lot, tract or parcel, twenty
(20) acres or more in area, was in
existence
and under separate ownership as of the effective date of this Resolution and a
portion of such
lot, tract or parcel lies within the minimum separation distances set forth
in this
Resolution for any waste handling facility, a residential use may be
established on
said lot, tract
or parcel, provided such residential use is located on that portion of said
lot,
tract or parcel,
which is beyond the minimum separation distances specified in this
Resolution, from
any waste handling facility.
SECTION 706 NON-CONFORMING
USES OF LAND: Where on the effective date
of this Resolution or amendment thereto, a lawful use of land exists which
would not be permitted under the requirements of this Resolution or amendment
thereto and where such use involves no buildings or structures with a
replacement cost exceeding two hundred fifty dollars ($250), the use may be
continued so long as it remains otherwise lawful in accordance with the
following conditions.
706.01 If any such non-conforming
use of land ceases for any reason for a period of more than
twelve (12) consecutive months, any subsequent use
of such land shall conform with the requirements of this Resolution or
amendments thereto.
706.02 No additional building or
structure not conforming to the use restrictions and other
regulations of the Resolution or amendment thereto
shall be erected in connection with such non-conforming use.
706.03 No such non-conforming use
shall be moved in whole or in part to any portion of the lot
or parcel of land on which it is located that has
not been used in connection with such non-conforming use.
706.04 No such non-conforming use
shall be enlarged or expanded to occupy a greater area of
the lot or parcel of land on which it is located
than was used in association with such use on the effective date of this
Resolution or amendment thereto.
SECTION 707 NON-CONFORMING
USES OF BUILDINGS / STRUCTURES AND LAND IN
COMBINATION: If a lawful use involving individual buildings or
structures and land in combinations, exists at the effective date of this Resolution
or amendment thereto that would not be permitted in the zoning district in
which said non-conforming use of building or structures and land in combination
is located, the lawful use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
707.01 With the exceptions set
forth in Section 704 of this Resolution, no existing building or
structure devoted to a use not permitted in the
zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved
or structurally altered, except in changing the use to a use in the zoning
district listed as a allowable use, a permitted use, an accessory use or a
conditional use.
707.02 With the exceptions set forth in Sections 704
and 707.03 of this Resolution, any non
conforming use may be extended throughout any parts
of a building or structure which were arranged or designed for such use as of
the effective date of this Resolution or amendment thereto, but no such use shall be extended to occupy
any land outside such building or structure which was not in use as of the
effective date of this Resolution or amendment thereto.
707.03 Lawfully existing
confined or intensive animal feeding uses and associated waste
handling facility uses rendered
non-conforming by these regulations may be expanded, but only in accordance
with all restrictions set forth in Sections 501.03, 501.05 and 502.03 of this
Resolution.
707.04 If no structural alterations
are made, any non-conforming use of a building or structure
and land in combination, may through authorization
of a conditional use in accordance with the procedures and requirements of this
Resolution, be changed to another non-conforming use provided that the County
Board of Commissioners, in authorizing said conditional use, shall find that
the proposed use is equally appropriate or more appropriate to the intent of
the zoning district than is the existing use.
In authorizing such conditional use, the Board of Commissioners may set
conditions for such proposed use to assure that such use will remain
appropriate for location in the zoning district.
707.05 Any building or structure or
building or structure and land in combination , in or on
which a non-conforming uses is superseded by a
permitted use shall thereafter conform to the requirements of this Resolution
and the non-conforming use shall not thereafter be resumed.
707.06 When a non-conforming use of
a building or structure or building or structure and land in
combination is voluntarily discontinued or abandoned
for twelve (12) consecutive months, except when governmental action impedes
access to the premises, the building(s), structure(s) and land shall not
thereafter be used for any use that is not in compliance with this Resolution
or amendment thereto. In the event a
confined or intensive animal feeding use and associated waste handling facility
use, as defined in this Resolution, is discontinued or abandoned for a period
of twelve (12) consecutive months, such use may be re-established within the
confines of the area in which the previous feeding operation was conducted, but
such use shall be considered permanently abandoned and shall not be
re-established if its use is discontinued for a period of thirty six (36)
consecutive months or longer.
707.07 Except as set forth in
Subsection 707.08, where non-conforming use status applies to a
building(s) or structure(s), such building(s) or
structure(s) and land in combination, if all or part of any such building(s) or
structure(s) are involuntarily removed or destroyed through fire, tornado,
earthquake or other event, such building(s) or structure(s) and the may be
reconstructed and the use which existed in such building(s) or structure(s) at
the time of such involuntary removal or destruction may be re-established, even
though such building(s) or structure(s) or the use thereof is non-conforming
with the requirements of this Resolution, provided that such re-establishment
shall not involve any expansion of such building(s) or structure(s) or expansion
of change of use, except to a use that would be in compliance with the
requirements of this Resolution. Zoning
permits shall be required for reconstruction of any non-farm building, as
defined in Section 303.62 of this Resolution.
707.08 Irregardless of other regulations of
this Resolution, if any non-conforming building or
structure, located in a flood hazard area, is
destroyed by any means, voluntarily or involuntarily, beyond fifty percent
(50%) of the market value of the building or structure before the damage
occurred, such building or structure may only be reconstructed in conformity
with the provisions of Section 505 of this Resolution. This limitation does not include the cost of
any alteration to comply with existing state or local health or safety
regulations or the cost of any alteration of a building or structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
SECTION 708 REPAIRS AND
MAINTENANCE: Maintenance and ordinary
repairs, replacement of walls or members, fixtures, heating and cooling
equipment, wiring or plumbing within any non-conforming building or structure
may be performed notwithstanding any other requirements of this Resolution or
amendment thereto. Such repairs and
maintenance shall not require any zoning permit.
SECTION 709 USES UNDER CONDITIONAL USE: A use authorized as a conditional use under the terms of this Resolution shall not be deemed a non-conforming use, except where such use is not in compliance with any conditions of use established in the granting of such conditional use by the Board of Commissioners, provided however, that a change of one non-conforming use to another non-conforming use, authorized by conditional use, shall remain a non-conforming use.