[Zoning Order §15.010, 4-2-2008]
Unless otherwise specifically provided or unless clearly required
by the context, the words and phrases defined in this Section shall
have the meaning set forth in this Section when used in this Article.
Includes the placement of construction materials in permanent
position and fastened in a permanent manner and within the time requirements
elsewhere in the UDO.
The total cost of all intended work and no person may avoid
the intent of this definition by doing the intended work incrementally.
The fair market value of the materials and services necessary
to accomplish a renovation, repair or restoration.
Whenever this UDO refers to the effective date of this UDO,
the reference shall include the effective date of any ordinance that
amends this UDO, if the ordinance, rather than this UDO as originally
adopted, creates a non-conforming situation.
Repairs or renovation costs that do not exceed fifty percent
(50%) of the structural value of a structure or site improvement.
A non-conforming situation exists on the effective date of
this UDO when a lot (not created for purposes of evading the restrictions
of this UDO) does not meet the minimum area requirement of the applicable
zoning district.
Any structure or development that is incomplete on the effective
date of this UDO and would be inconsistent with one (1) or more of
the applicable zoning district regulations, if completed as proposed
or planned.
A non-conforming sign exists on the effective date of this UDO when an existing sign does not conform to one (1) or more of the regulations set forth in Article XIII.
A non-conforming site improvement exists on the effective
date of this UDO when a site improvement on a lot, including, but
not limited to, parking areas, storm drainage facilities, sidewalks
and landscaping, does not conform to one (1) or more of the applicable
zoning district regulations.
A situation that occurs when, on the effective date of this
UDO, an existing lot, structure or improvement or the use of an existing
lot, structure or improvement no longer conforms to one (1) or more
of the applicable zoning district regulations.
A primary use of property existing on the effective date
of this UDO that occurs when property is used for a purpose or in
any manner made unlawful by the use regulations or performance and
design standards applicable to the zoning district in which the property
is located. The term also refers to the activity that constitutes
the use made of the property.
Associated with rebuilding a structure, which could include,
but is not limited to: processing insurance claims, soliciting designer
to finalize drawings/plans, obtaining building permits, getting bids/hiring
a contractor or ordering materials.
The present day value of a structure or its replacement value
if destroyed, as determined by a professional estimate or appraisal.
The area of a parcel or lot of record that contains a single
zone district designation. A parcel may contain more than one (1)
zone lot.
[Zoning Order §15.020, 4-2-2008]
A.
Within
the zoning districts established by this UDO or its subsequent amendment,
there exist:
1.
Lots;
2.
Structures;
3.
Uses of structures;
4.
Uses of land;
5.
Uses of land and structures in combination; and
6.
Characteristics of use, which were lawful before this UDO was adopted
or amended, but which would now be prohibited, regulated or restricted
under the terms of this UDO or its subsequent amendment. Such instances
shall hereafter be considered lawful non-conformities.
[Zoning Order §15.030, 4-2-2008]
A.
It
is the intent of this UDO to recognize the legitimate interest of
owners of lawful non-conformities by allowing these lawful non-conformities
to continue, subject to the provisions contained herein. At the same
time, it is recognized that lawful non-conformities may substantially
and adversely affect the orderly development, maintenance, use and
taxable value of other property in the same zoning district, property
that is itself subject to the regulations and terms of this UDO. To
secure eventual compliance with the official Master Plan and with
the standards of this UDO, it is necessary to regulate intensity and
size of lawful non-conformities and to prohibit the re-establishment
of non-conformities that have been discontinued or monitor a change
to a more intense use or expansion of a use.
B.
To
avoid undue hardship, nothing in this UDO shall be deemed to require
a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the adoption
or amendment of this UDO and upon which actual building construction
has been carried on diligently. "Actual building construction" is hereby defined to include the placement of construction materials
in permanent position and fastened in a permanent manner and within
the time requirements elsewhere in the UDO.
[Zoning Order §15.040, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(15.040B), 7-30-2008]
A.
Lots.
1.
Any lot having insufficient area, width or depth for the zoning district
in which it is located or insufficient frontage on an improved public
or private street of a planned district, or any combination thereof,
shall be considered a lawful non-conforming lot only if it was lawfully
platted and recorded and on file in the office of the Jefferson County
Recorder prior to the adoption of this Article.
2.
On any single lawful non-conforming lot within a zoning district,
a structure may be constructed by right provided that the requirements
of the zoning district within which the parcel is located are complied
with and all appropriate permits are obtained prior to any construction
activity.
3.
Further, no such lot or portion thereof shall be used in a manner
that will increase its degree of non-conformity.
B.
Structures.
1.
Structures that were lawfully constructed prior to the adoption of this UDO, but which could not be constructed under the terms of this UDO by reason of restrictions on area, lot coverage, height, setbacks (yards), location on the lot or other requirements concerning structures, shall hereafter be considered lawful non-conforming structures. As such, they may continue to exist so long as they remain otherwise lawful, provided that no reconstruction, enlargement or alteration of these structures shall occur that will increase their non-conformity, except as provided for in Section 400.4880 of this UDO. However, any lawful non-conforming structure or portion thereof may be altered to reduce its non-conformity.
2.
Manufactured housing units. A lawfully non-conforming
manufactured housing unit may be increased in size, provided, no other
non-conformities, such as setback encroachments, height, etc., are
increased.
C.
Uses.
1.
Uses of land. Any use of land that would not be permitted under the terms of this UDO, but was lawfully existing at the time of the adoption of this UDO, shall hereafter be considered a lawful non-conforming use of land. As such, it may be continued so long as it remains otherwise lawful and provided that no enlargement, increase or extension of the lawful non-conforming use of land occurs so that a greater area of land is occupied than that which was occupied at the time of the adoption of this UDO and that no additional structures or additions to structures existing at the time of the adoption of this UDO shall be constructed on the same zoning lot. Further, no such lawful non-conforming use of land shall be moved or relocated in whole or in part to any other portion of the zoning lot on which it is located, other than that portion occupied at the time of the adoption of this UDO. If any lawful non-conforming use of land ceases for any reason for a period of more than one hundred eighty (180) consecutive days (except when government action impedes access to the premises), any subsequent use of such land shall conform to the terms of this UDO, except when that use is discontinued as a result of delayed reconstruction as approved in Section 400.4880.
2.
Uses of structures. Any use of a structure requiring,
or that would require, a building permit and would not be permitted
under the terms of this UDO, but was lawfully existing at the time
of the adoption of this UDO, shall hereafter be considered a lawful
non-conforming use of that structure. As such, it may be continued
so long as it remains otherwise lawful and provided that the structure
in which the lawful non-conforming use is located shall not be enlarged,
extended, constructed, reconstructed, moved, relocated or structurally
altered except in changing the use to a permitted use in the applicable
district or as otherwise provided for in this UDO. However, a lawful
non-conforming use of a structure may be extended throughout any part
of the structure in which it is located where the structure or parts
thereof were manifestly arranged or designed for this use at the time
of adoption of said UDO, but no lawful non-conforming use of a structure
shall be extended to occupy any land outside such structure. If any
lawful non-conforming use of a structure is discontinued for any reason
for a period of more than one hundred eighty (180) consecutive days
(except when government action impedes access to the premises), the
structure shall only thereafter be used in conformity with the terms
of this UDO.
3.
Uses of land and structures in combination. Any
use of land in combination with a structure that would not be permitted
under the terms of this UDO, but was lawfully existing at the time
of the adoption of this UDO, shall hereafter be considered a lawful
non-conforming use of land and structure in combination. As such,
it may continue so long as it remains otherwise lawful and provided
the use complies with the provisions herein. If any lawful non-conforming
of use of land and structures in combination is discontinued for any
reason for a period of more than one hundred eighty (180) consecutive
days (except when government action impedes access to the premises),
the use and structure in combination shall only thereafter be used
in conformity with the terms of this UDO.
4.
Characteristics of use. When an otherwise lawful
existing use is permitted generally in any given zoning district,
but where, due to adoption of this UDO, characteristics such as, but
not limited to, required off-street parking, paving of residential
driveway, paving of non-residential drive access and parking area,
buffers, screening and similar regulations are not provided, such
deficiencies attributable to the use shall be considered lawful non-conforming
characteristics of use. Said deficiencies shall be brought into conformance
when the use they are attributable to is expanded, enlarged or the
intensity is increased, even though the use is permitted generally.
[Zoning Order §15.050, 4-2-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
One (1) existing lawful non-conforming use of a structure or land may be changed to one (1) other non-conforming use of the same structure or land with approval by the Director based upon review of the following criteria and when deemed that such a change will not adversely affect the purpose and intent of this UDO. If the Director determines any of the criteria cannot be met or are violated due to the requested change from one non-conforming use to another, then the Director's determination may be appealed to the Board of Adjustment in accordance with the provisions set forth in Section 400.4900 of this UDO for their disposition. The North American Industry Classification System (NAICS) may be consulted to gauge comparative use intensity.
1.
The proposed use is no more intensive than the existing use;
2.
The proposed use occupies no more area of the structure than the
existing use;
3.
The proposed use requires no more off-street parking than the existing use as required in Article XII, Table 12-1; and
4.
Existing lawful non-conforming uses of a structure where the owner
changes but the same use continues shall be permitted, provided that
the new owner shall conform to all limitations and/or characteristics
that existed under prior ownership and use of the structure.
5.
Signage (and its structures) for the existing use shall not be changed except in message and text for the proposed use. No additional signage shall be allowed unless it complies with Article XIII.
6.
The proposed use does not change or modify the location of existing
parking, stormwater drainage, screening, lighting and access without
the approval of a site development plan by the County.
[Zoning Order §15.060, 4-2-2008]
Anywhere a lawful non-conforming use is replaced by a permitted
use, such lawful non-conforming use shall not thereafter be resumed.
[Zoning Order §15.070, 4-2-2008]
Should any lawful non-conforming structure be destroyed by any
means to an extent of more than fifty percent (50%) of its structural
value at the time of destruction, it may only be reconstructed in
conformance with the provisions of this UDO. However, lawful non-conforming
structures that are single-family detached dwellings, duplexes or
town houses of not more than two (2) laterally attached single-family
dwellings or multi-family dwellings/town houses not exceeding four
(4) units may be reconstructed to their former condition, dimensions
and location on the lot provided that the destruction was caused by
an accident or act of God occurring after the adoption of this UDO
and such reconstruction does not increase the degree of non-conformity
that existed prior to the destruction. Reconstruction of a lawful
non-conformity, where permitted, must commence within one hundred
eighty (180) days of destruction, provided however, the Director may
grant an extension when extenuating circumstances warranting an extension
exist. In those instances where reconstruction does not commence within
this limited time frame, the non-conformity will be considered abandoned
and the structure shall only be reconstructed as a permitted use.
[Zoning Order §15.080, 4-2-2008]
Where non-conforming status applies to a use and structure in combination and where removal or destruction of the structure was caused by an accident or act of God after the adoption of this UDO and where removal or destruction exceeded fifty percent (50%) of its structural value, the structure may be reconstructed in accordance with Section 400.4880. As long as there are efforts to reconstruct the lawful non-conforming structure within the terms of Section 400.4880, the lawful non-conforming use will remain valid.
[Zoning Order §15.090, 4-2-2008]
Appeals from an administrative decision related to this Article shall be made to the Board of Zoning Adjustment in accordance with Article XVII of this UDO.
[Zoning Order §15.100, 4-2-2008]
All non-conforming projects with respect to which a permit was
issued prior to the effective date of this UDO may be completed in
accordance with the terms of their permits, so long as those permits
were validly issued, remain unrevoked and unexpired.
[Zoning Order §15.110, 4-2-2008]
Any structure conforming with the requirements of Article V, other than use, and maintained as a non-conforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create non-conformities.
[Zoning Order §15.120, 4-2-2008]
Minor repairs to and routine maintenance of structures and property,
where non-conforming situations exist, are permitted and encouraged.
No increase in the building footprint area shall be permitted. Major
renovation of the structure (i.e., work estimated to cost more than
fifty percent (50%) of the structural value) shall not be permitted.
[Zoning Order §15.130, 4-2-2008]
The burden shall be on the landowner or his/her authorized agent
under contract to provide information and records to the County and
to establish entitlement to continuation of non-conforming situations
or completion of non-conforming projects. The County will determine
entitlement of continuation.
[Zoning Order §15.140, 4-2-2008]
A.
Continuance Of Non-Conforming Signs. Subject to the restrictions
of this Section, non-conforming signs, which were otherwise lawful
on the effective date of this UDO, may be continued.
B.
Prohibition On Expansion Of Non-Conforming Signs. No person
may engage in any activity that causes an increase in the extent of
non-conformity of a non-conforming sign. Without limiting the generality
of the foregoing, no non-conforming sign may be enlarged or altered
in a manner that aggravates the non-conforming condition, nor may
illumination be added to any non-conforming sign.
D.
Maintenance And Repair. Subject to the other provisions
of this Section, non-conforming signs may be maintained and repaired
so long as the cost of the work within any twelve (12) month period
does not exceed fifty percent (50%) of the replacement value of the
sign. No such work shall be done until the person proposing to do
the work first submits the information required and the Director determines
that the cost of the work will not exceed fifty percent (50%) of the
value of the sign. Estimates for the cost of work must be based on
detailed, professionally prepared bids and must be obtained from at
least two (2) general contractors and submitted to the Director for
review.
F.
Non-Conforming Billboard. If a non-conforming billboard has deteriorated to the point that any supporting part, member or portion has less than fifty percent (50%) of the strength required by the Jefferson County Building Code for newly constructed structures of the same type, then that billboard shall be deemed abandoned and within thirty (30) days after the abandonment shall be altered to comply with this Subsection and all applicable provisions of Article XIII or be removed by the billboard owner, owner of the property where the billboard is located or other person having control over the billboard. Failure to remove the abandoned sign shall be a violation of this UDO. Subject to the other provision of this Section, non-conforming billboards may be maintained and repaired so long as the cost of the work within any twelve (12) month period does not exceed fifty percent (50%) of the replacement value.
