§ 5001. Nonconforming uses and nonconforming structures.

a.

The lawful use of a building or structure which existed on October 1, 1989, or which lawfully exists at the time of any amendment to the performance standards and criteria of this ordinance and which became not in compliance, may continue subject to the provisions of the county zoning ordinance and the provisions below:

No change or expansion of use shall be allowed with the exception that:

1.

The zoning administrator may grant a nonconforming use and/or waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures provided that:

a.

There will be no increase in nonpoint source pollution load;

b.

Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements in accordance with the provisions of Chapter 6 of the County Code and stormwater management requirements in accordance with Chapter 14A of the County Code;

c.

In the case of a structure that has become nonconforming due to encroachment into the RPA, the structure may be moved out of the RPA to reduce the amount of nonconformity, and a water quality impact assessment shall not be required.

2.

An application for a nonconforming use and/or waiver shall be made to and upon forms furnished by the zoning administrator and shall include for the purpose of proper enforcement of this ordinance, the following information:

a.

Name and address of applicant and property owner;

b.

Legal description of the property and type of proposed use and development;

c.

A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the resource protection area;

d.

Location and description of any existing private water supply or sewage system.

3.

A nonconforming use and development waiver shall become null and void twenty-four (24) months from the date issued if no substantial work has commenced.

4.

An application for the expansion of a nonconforming structure may be approved by the zoning administrator through an administrative review process provided that the following findings are made:

a.

The request for the waiver is the minimum necessary to afford relief;

b.

Granting the waiver will not confer upon the applicant any specific privileges that are denied by this ordinance to other property owners in similar situations;

c.

The waiver is in harmony with the purpose and intent of this ordinance and does not result in water quality degradation;

d.

The waiver is not based on conditions or circumstances that are self-created or self-imposed;

e.

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality;

f.

Other findings, as appropriate and required by the county are met; and

g.

In no case shall this provision apply to accessory structures. (8-21-06; Ord. No. 2012-12-C, 10-18-12; 4-16-15.)