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132.1 QUALIFICATION OF NONCONFORMING STRUCTURE

Notwithstanding any other provision, a structure shall not be deemed a nonconforming structure if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)

132.1.1Such structure would otherwise be a conforming structure under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)

132.1.2Such structure is allowed in the zone in which it is located as a conditional use. However, no such structure shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such structure is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)

132.2 ENLARGEMENT OF NONCONFORMING STRUCTURES

132.2.1Notwithstanding any other provisions, the Hearing Officer may approve a Special Permit for the enlargement, alteration or remodeling of the following nonconforming structures: (Former Section INL#317-62(a); Ord. 1726, Sec. 6, 3/4/86)

132.2.1.1A one family detached dwelling in a Commercial (C) or Industrial (M) zone; or (Former Section INL#317-62(a)(1); Ord. 1726, Sec. 6, 3/4/86)

132.2.1.2Any commercial structure located in any commercial zone in which either a principal use, permitted use or a conditional use is conducted; or (Former Section INL#317-62(a)(2); Ord. 1726, Sec. 6, 3/4/86)

132.2.1.3Any commercial structure located in an Unclassified (U) zone where the General Plan designates the area for commercial development. (Former Section INL#317- 62(a)(3); Ord. 1726, Sec. 6, 3/4/86)

132.2.2Approved enlargements of nonconforming structures specified in subsection 314-132.2.1 may not exceed: (Former Section INL#317-62(b); Ord. 1726, Sec. 6, 3/4/86)

132.2.2.1Twenty-five percent (25%) of the area of land occupied by such nonconforming structure; or (Former Section INL#317-62(b)(1); Ord. 1726, Sec. 6, 3/4/86)

132.2.2.2Twenty-five percent (25%) of the gross floor area of the existing nonconforming structure; or (Former Section INL#317-62(b)(2); Ord. 1726, Sec. 6, 3/4/86)

132.2.2.3The maximum ground coverage prescribed for the zoning district in which the nonconforming structure is located, whichever is less. (Former Section INL#317-62(b)(3); Ord. 1726, Sec. 6, 3/4/86)

132.2.3The fair market value of approved enlargements, structural alterations or remodeling of a nonconforming structure specified in subsection 132.2.1 may not exceed fifty percent (50%) of its current appraised value according to the records of the Assessor’s Office. (Former Section INL#317-62(c); Ord. 1726, Sec. 6, 3/4/86)

132.2.4One-family detached dwellings remodeled, extended, expanded or enlarged in accordance with the provisions of Sections 314-132.1 through 314-132.3 shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work. (Former Section INL#317-62(d); Ord. 1726, Sec. 6, 3/4/86)

132.2.5 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. Replacement manufactured homes in Residential Zones (RS, R-1, R-2, R-3 and R-4) without a T Combining Zone shall have: (Former Section INL#317-62(e); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)

132.2.5.1A roof overhang of not less than six inches (6") for the entire exterior perimeter; and (Former Section INL#317-62(e)(1); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)

132.2.5.2A roof of composition shingles, wood shingles or shakes or other materials compatible with the majority of dwellings in the neighborhood; and (Former Section INL#317-62(e)(2); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)

132.2.5.3An exterior wall covering of natural or man-made materials of a non-reflective nature. (Former Section INL#317-62(e)(3); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)

132.3 REGULATIONS CONTROLLING OTHER NONCONFORMING STRUCTURES

132.3.1Any nonconforming structure, except as permitted by Section 314-132.2 shall not be enlarged or extended where an intensification or increase in the nonconformity would result. The 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 would not conform with development standards. (Former Section INL#317-63(a); Amended by Ord. 1848, Sec. 21, 9/13/88)

132.3.2If a structure in which a nonconforming use is conducted is moved for any distance whatever, for any reason, then any future use of such structure shall be in conformity with Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(b); (Ord. 1104, Sec. 3, 10/5/1976)

132.3.3If any structure in which any nonconforming use is conducted is hereafter removed, the subsequent use of land on which such structure was located and the subsequent location and use of any structure thereon shall be in conformity with the regulations specified by Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(c); Ord. 1104, Sec. 3, 10/5/76)

132.3.4Nothing in Sections 314-132.1 through 314-132.3 shall be deemed to prevent keeping in good maintenance and repair a nonconforming structure or a structure in which a nonconforming use is conducted, but no such structure that is declared by any authorized County official to be a public nuisance by reason of physical condition shall be restored, repaired or rebuilt. (Former Section INL#317-63(d); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78)

132.3.5A nonconforming structure or a structure in which a nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding sixty percent (60%) of its current appraised value according to the records of the Assessor’s Office, exclusive of foundations, may be restored within two (2) years after such destruction or damage but shall not be enlarged except as provided in Section 314-132.2 of this Code. If any such structure is so destroyed or damaged to an extent exceeding sixty percent (60%) of its value as above, it shall not be reconstructed except: (Former Section INL#317-63(e); Ord. 1104, Sec. 3, 10/5/76)

132.3.5.1For a conforming use; (Former Section INL#317-63(e)(1); Ord. 1104, Sec. 3, 10/5/76)

132.3.5.2If the structure is used for agricultural purposes and the floors and foundation walls are of concrete and/or other masonry and are not practical to move; or (Former Section INL#317-63(e)(2); Ord. 1104, Sec. 3, 10/5/76)

132.3.5.3If the nonconforming location is necessary to meet any requirement or regulation of the Health Department. (Former Section INL#317-63(e)(3); Ord. 1104, Sec. 3, 10/5/76)

132.3.5.4If the total floor area of the structure to be restored does not exceed that of the damaged or destroyed structure by more than ten percent (10%) and the sewage disposal system is in compliance with all applicable State and local standards. (Former Section INL#317-63(e)(4); Added by Ord. 2166, Sec. 32, 4/7/98)

132.3.6If any nonconforming structure ceases to be used for any reason for a continuous period of two (2) years or more, or is changed to or replaced by a conforming structure, the land and nonconforming structure shall become subject to all the regulations as to use for the zone in which such land and structures are located as if such nonconforming structure had been expressly abandoned. (Former Section INL#317-63(f); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78; Amended by Ord. 1876, Sec. 13, 9/26/89)

132.3.7The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land on which such nonconforming structure is located or the nature or the tenure of the occupancy thereof. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)

132.3.8All of the foregoing provisions relating to nonconforming structures shall apply to all nonconforming structures existing on the effective date of these regulations and to all structures that become nonconforming by reason of any amendment thereof. However, any structure erected in violation of law, regardless of the time of erection, is not a nonconforming structure and shall not benefit from the provisions in this section. (Former Section INL#317-63(i); Ord. 1104, Sec. 3, 10/5/76)

132.3.9If a nonconforming manufactured home or recreational vehicle is removed from a designated flood-prone area of the County, 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 INL#317-63(j); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 2166, Sec. 32, 4/7/98)

132.3.10 Special Provisions Concerning Nonconforming 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. (For more information on Manufactured Homes, see Section 314-81.1, Manufactured Homes and Recreational Vehicles.) (Former Section INL#316-11; Ord. 1092, Sec. 1, 8/10/76)