§ 90-670. Nonconforming uses and noncomplying structures.

The lawful use of a building or structure which existed on November 19, 1991, or which exists at the time of any amendments to this article, and which is not in conformity with the provisions of the overlay district may be continued in accordance with sections 90-741—90-747. No change or expansion of use shall be allowed with the exceptions that:

(1)

The planning director or his designee for the county 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 net increase in nonpoint source pollution load;

b.

Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this article.

(2)

An application for a nonconforming use and/or waiver shall be made to and upon forms furnished by the planning director or his designee for the county and shall include for the purpose of proper enforcement of this article, 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 12 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 planning director or his designee, provided that the following findings are demonstrated by the applicant:

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 article to other property owners in similar situations;

c.

The waiver is in harmony with the purpose and intent of this article 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 county are met; and

g.

In no case shall this provision apply to accessory structures.

(Ord. of 8-10-2004, § 17-540)

(Ord. of 8-10-2004, § 17-540)