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(See also, Section 313-131, Nonconforming Uses.)

132.1 PURPOSE

The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))

132.2 APPLICABILITY

These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A314-25(B))

132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE

A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))

132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF

The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))

132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES

132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))

132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A314-25(G)(2))

132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))

132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES

132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))

132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)

132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW

All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J))