Chapter 17.124 NONCONFORMING USES, PARCELS AND STRUCTURESChapter 17.124 NONCONFORMING USES, PARCELS AND STRUCTURES
Any use, parcel or structure that legally existed prior to the adoption of the resolution or any amendment thereto which does not conform to the provisions of the zoning resolution at the time of adoption shall be known as a nonconforming use, nonconforming parcel or a nonconforming structure.
The County Zoning Administrator, at the request of the landowner of record or an authorized representative, may issue a Certificate of Nonconformance, a Parcel of Record Certificate and/or a Merger by Contiguity Certificate to the owner of each known Nonconforming Use, Nonconforming Parcel and/or Nonconforming Structure. The Zoning Administrator shall then record a copy of the Certificate(s) in the office of the County Clerk and Recorder within thirty (30) days of its issuance at the applicant’s expense. No use of land or structures so registered shall be other than specified on the Certificate(s), unless said use shall be in conformity with the provisions of the zone district in which the parcel is located.
If a nonconforming use has been discontinued for a period of twelve (12) consecutive months, the landowner of record shall be notified by certified mail and a memorandum to the public record, identifying the discontinued use, shall be recorded in the office of the County Clerk and Recorder, and such use or any other nonconforming use shall not thereafter be re-established and any future use shall be in conformance with the provisions of these zoning regulations. A nonconforming use followed by a permitted conforming use will result in the loss of the nonconforming use.
If a nonconforming parcel ever comes under the same ownership as a contiguous parcel, it shall no longer be the same nonconforming parcel, and such cessation shall be recorded in the office of the County Clerk and Recorder, and then no portion of the enlarged parcel shall be sold unless both the portion to be sold and the remainder shall be conforming parcels. The following is a listing of mergable parcels:
A. Two (2) or more vacant nonconforming parcels of land;
B. An improved nonconforming parcel of land and a vacant adjacent parcel(s) of land (whether or not nonconforming). However, if a landowner purchases a vacant parcel of land adjacent to an improved parcel owned by same individual, for the purposes of developing, then each parcel will have to be under separate ownership. (Note: Two (2) improved nonconforming parcels of land under the same ownership will not be required to merge.)
Any sign that existed prior to the enactment of the resolution or prior to any subsequent amendments to this resolution, which were legally established but do not now meet the provisions of this resolution, shall be considered nonconforming and may remain in its same location, be repaired, and maintained provided:
A. The sign is not destroyed beyond its total replacement cost;
B. The sign is not destroyed and/or abandoned for a period of twelve (12) consecutive months;
C. The sign becomes a hazard to the motoring public due to changes in land use development, traffic patterns, or a causal factor in automobile or automobile related accidents.
If a nonconforming structure is vacant for twelve (12) consecutive months, moved or condemned, torn down or destroyed, it shall be removed or made conforming to all the requirements of this resolution.
A nonconforming use within a structure may be extended throughout the same structure devoted to such use at the time of adoption of this resolution or prior to any subsequent amendments thereto, which caused such use to become nonconforming. Any enlargement or expansion of a nonconforming use is strictly prohibited.
Ordinary repairs and maintenance of a structure and care of lands containing a nonconforming use shall be permitted.
A nonconforming structure damaged or PARTIALLY destroyed by fire, explosion or natural occurrence may be restored to the condition in which it was immediately prior to the occurrence of such damage or destruction, provided:
A. The restoration or reconstruction shall not extend beyond the original limits of the structure in setbacks, lot area coverage, height and floor area;
B. All restoration or reconstruction shall be commenced within six months from the date of damage and shall be completed within one (1) year.
A nonconforming structure that is TOTALLY destroyed or damaged may not be restored or reconstructed, unless the restored structure is in compliance with the current zoning regulations.