If there existed, prior to the adoption of this chapter or subsequent
amendments of this chapter, lawful lots, buildings, structures or
uses which now, by virtue of the adoption of this chapter, do not
conform to the regulations or requirements of this chapter, such nonconforming
situations may continue to exist, subject to the regulations contained
in this article.
A.
The Zoning Officer shall have the authority to determine and confirm
the existence of a nonconforming situation and the date of the creation
of the nonconforming situation upon a review of an application filed
by the property owner along with payment of the filing fee, which
must contain the following information:
(1)
A full description of the specific nonconforming situation that
exists on the subject property and its magnitude and extent.
(2)
The date the situation came into existence, as a legal situation,
or a date prior to the adoption of this chapter or its amendments
when the situation first existed.
(3)
The specific zoning regulation which caused the prior legal
situation to become nonconforming.
(4)
A statement, supported by appropriate documentation, that clearly
demonstrates that the nonconforming situation has continuously existed
without interruption from the date when it became a nonconforming
situation until the date when the application for determination was
filed with the Zoning Officer.
(5)
Documentation from any County or state government agency of
certified records or permits substantiating the date when the situation
came into existence or of its continued, uninterrupted existence since
its origination.
B.
The casual, temporary or illegal use of land is not a basis to support
the existence of a nonconforming situation.
C.
The burden of proof necessary to support an application for the determination
of a nonconforming situation is on the applicant.
D.
The Zoning Officer shall issue the determination within 60 days after
the application is found to be complete.
E.
If the Zoning Officer does not issue the determination within 60
days, the applicant has the ability to appeal the matter to the Board
of Appeals.
F.
After the receipt of notice that the Zoning Officer has not made
a determination, the applicant will have 30 days to file an appeal
with the Board.
Any developed lot reduced in area or setback to a nonconforming lot by reason of a realignment or dedication of any existing federal, state or County road or by reason of a condemnation proceeding is a nonconforming lot of record. Any lawful structure on such lot before reduction in lot size is a nonconforming structure and may continue. A change in use of a developed nonconforming lot may be accomplished in accordance with § 297-467.
A.
A lot is undeveloped if it has no principal building on it or if
there is a principal building on it which is structurally unsound,
unsafe or unlawful due to lack of repairs and maintenance and is declared
to be unsound, unsafe or unlawful by reason of physical condition.
B.
When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimums contained in Article VI, then the lot may be used as proposed just as if it were conforming.
C.
When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements contained in Article VI cannot reasonably be complied with, then a variance approved by the Board of Appeals is required.
D.
If, on the date this chapter becomes effective, an undeveloped nonconforming
lot adjoins and is contiguous with one or more other undeveloped lots
under the same ownership, then neither the owner of the nonconforming
lot nor his successors-in-interest may take advantage of the provisions
of this section. This subsection shall not apply to a nonconforming
lot if a majority of the developed lots located on either side of
the street where such lot is located and within 500 feet of such lot
are also nonconforming. The intent of this subsection is to require
nonconforming lots to be combined with other undeveloped lots to create
conforming lots, but not to require such combination when that would
be inconsistent with the way the neighborhood has previously been
developed.
E.
A single lot or parcel of land rendered nonconforming by the provisions of the Critical Area Zone shall conform to all applicable requirements of Article IX.
F.
If a lot lacks street frontage, it must have an unrestricted right
of access.
A.
Except as specifically approved by the Board of Appeals as provided in Subsection G, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful, unless approved by the Board, if such activity results in:
B.
Subject to Subsection D, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building unless approved by the Board under the provisions of Subsection G.
C.
A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except as approved by the Board under the provisions of Subsection G.
D.
The volume, intensity or frequency of use of property where a nonconforming
situation exists may be increased and the equipment or processes used
at a location where a nonconforming situation exists may be changed
if these or similar changes amount only to changes in the degree of
activity, rather than changes in kind, and no violations of other
provisions of this section occur.
E.
Notwithstanding Subsection A, any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, 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. This subsection is subject to the limitations stated in § 297-468, Abandonment and discontinuance of nonconforming situations.
F.
A nonconforming structure may be altered to decrease its nonconformity.
G.
The Board of Appeals shall consider and may grant approval, with
or without conditions, for the expansion or extension of existing
nonconforming situations based on the following standards:
(1)
Such an application shall be subject to the provisions of this
chapter applicable to special exception uses.
(2)
No approval shall be granted for an extension or expansion which
exceeds 50% of the land area or gross floor area in use at the time
of the creation of the nonconforming situation.
(3)
The extension or expansion shall not occur on any adjoining
property under the same ownership at the time of the creation of the
nonconforming situation.
(4)
The extension or expansion shall involve continuance of the
activities which were permitted and being conducted on the site at
the time of the creation of the nonconforming situation.
A.
Minor repairs to and routine maintenance of property where nonconforming
situations exist are permitted and encouraged. Major renovation, i.e.,
work estimated to cost more than 25% of the appraised valuation of
the structure to be renovated, may be done only in accordance with
the provisions of this section.
B.
If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed 25% of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with the provisions of this section. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed just as they may be enlarged or replaced as provided in § 297-465E.
C.
(1)
The "cost" of renovation or repair or replacement shall mean
the fair market value of the materials and services necessary to accomplish
such renovation, repair or replacement.
(3)
The "appraised valuation" shall mean either the appraised valuation
for property tax purposes or the valuation determined by a professionally
recognized property appraiser, whichever is higher.
D.
The Zoning Officer shall issue a permit for work authorized by this
section upon finding that, in completing the renovation, repair or
replacement work:
E.
Compliance with a requirement of this chapter is not reasonably possible
if compliance cannot be achieved without adding additional land to
the lot where the nonconforming situation exists or moving a substantial
structure that is on a permanent foundation. Mere financial hardship
caused by the cost of meeting requirements such as paved parking does
not constitute grounds for finding that compliance is not reasonably
possible.
A.
A change in use of property where a nonconforming situation exists
may not be made except in accordance with this section. These requirements
shall not apply if only a sign permit is needed.
B.
If the intended change in use is to a principal use that is permitted
by right in the zone where the property is located and all of the
other requirements of this chapter applicable to that use can be complied
with, permission to make the change must be obtained in the same manner
as permission to make the initial use of a vacant lot. Once conformity
with this chapter is achieved, the property may not revert to its
nonconforming status.
C.
If the intended change in use is to a principal use that is permitted by right in the zone where the property is located, but all of the requirements of this chapter applicable to that use cannot reasonably be complied with, then the change is permissible if the Zoning Officer finds that, in addition to any other findings that may be required by this chapter, the intended change will not result in a violation of § 297-465.
D.
If the intended change in use is to another principal use that is
also nonconforming, then the Board of Appeals may authorize the change
in use if, in addition to the other required findings, it is found
that:
A.
In the event that a nonconforming use ceases for a period of one
year or more, then the nonconforming use shall be deemed abandoned,
and compliance with this chapter shall be required.
B.
When an existing lawful structure or operation made nonconforming
by the adoption or amendment of this chapter is vacant or discontinued
at the effective date of this chapter or the amendment that created
the nonconforming situation, the one-year period, for purposes of
this section, begins to run on the effective date of this chapter
or amendment, whichever is applicable.
