§ 4.3.22. Non-conforming uses.

A.

Intent. Within the County there exist uses of land which were lawful before this Code was passed, but which have been prohibited or restricted under terms of this Code.

It is the intent of this Code to permit these non-conforming uses to continue until they are removed or cease to exist, but not to encourage their survival. Non-conforming uses are declared by this Code to be incompatible with permitted uses in the zoning classification involved. It is further the intent of this Code that non-conforming uses shall not be enlarged, extended, or reconstructed to continue their use after major damage. Exceptions to this intent may be allowed for the restoration of historic structures or for the replacement of an existing dwelling that is the primary residence of the property owner.

B.

Non-conforming use—Extension. Any non-conforming uses, which occupied a conforming building, or land or portion of a building or land shall not be extended to occupy any other part of the same conforming building or land within the same zoning classification. This section shall not apply to the excavation, screening, crushing, processing, storing or distributing of lime rock, phosphate, sand, gravel or clay within the same ownership or leasehold, where such activities were actively pursued within the three-year period prior to June 11, 1992.

C.

Repair, alteration, enlargement. A conforming structure or a portion of a conforming structure occupied by a non-conforming use may be:

(1)

Improved and repaired in such a manner so as the improvements and repair shall not increase the cubical content or the floor area of the building or the portion of the building devoted to the non-conforming use.

(2)

Enlarged or expanded if the enlargement or expansion is necessary to bring the structure into conformance with the Building Code and the enlargement or expansion cost does not exceed 50 percent of the assessed value of the structure.

(3)

Nothing in this section shall prevent compliance with applicable laws relative to the safety and sanitation of a conforming building or portion of a conforming building occupied by a non-conforming use.

D.

Reconstruction after catastrophe. Any building or portion of a building occupied by a non-conforming use, which is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to the extent that the cost of rebuilding, repair or reconstruction will exceed 120 percent of its assessed value at the time of the damage, shall not again be reconstructed for use by a non-conforming use. If the repair or reconstruction cost is less than one 120 percent of the assessed value, the building may be repaired or reconstructed for use by the existing non-conforming use.

E.

Change of non-conforming use.

(1)

There may be a change of tenancy, ownership or management of a non-conforming use provided there is no change in the nature or character of such non-conforming use except as may be permitted by this section.

(2)

The change from a non-conforming use of land, to a conforming use of land is encouraged.

F.

Discontinuance or abandonment of a non-conforming use.

(1)

This restriction shall not apply to temporary cessation or discontinuance of uses involving excavation, screening, crushing, storing and distributing of lime rock, phosphates, sand or gravel or other rock or minerals within the same leasehold or ownership, where such uses were actively pursued within three years prior to June 11, 1992 and where such temporary cessation or discontinuance does not exceed a period of three years.

(2)

If for any reason the occupancy of a building, part of a building, or use of land by a non-conforming use, ceases or is discontinued for a period of 12 months or more, the building or portion thereof shall not thereafter be occupied by a non-conforming use.

(3)

Any building, structure or land, or portion thereof, occupied by a non-conforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a non-conforming use.

(4)

Any non-conforming junk yard shall be brought into conformity with all of the applicable provisions of Section 4.3.7 herein, except area and dimension requirements, where conformity is impossible (a) because of the size and dimensions of the parcel upon which the non-conforming use is located, or (b) without relocation of the principal building containing such non-conforming use.

G.

Special uses not non-conforming uses. Any use which is permissible in a zoning classification as a special use under the terms of this Code shall not be deemed a non-conforming use in such classification, but shall without further action be considered to be a conforming use.

H.

Casual or temporary use. The casual, temporary, or illegal use of land or a structure shall not be sufficient to establish the existence of a non-conforming use or to create any rights in the continuance of such a use. The legal change of a zoning classification or classification regulations is the only way to create a non-conforming use or to create any rights in the continuance of a non-conforming use of land.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)