§ 138-208. Redevelopment and re-establishment of nonconforming uses/structures.

A property may be redeveloped and/or re-established with the nonconforming use/structure subject to the provisions of this section.

(a)

Residential nonconforming use/structure. A verified residential nonconforming use or structure that is destroyed or damaged in excess of 50 percent of its appraised valuation for tax purposes by an act of nature or accident may be re-established or reconstructed up to its previously existing lawfully established density, subject to the following:

(1)

The re-established use or reconstructed structure must be located within a future land use map category and zoning district that permit residential uses.

(2)

The re-established use or reconstructed structure must otherwise conform to the regulations of the applicable zoning district and other relevant county codes. Whereas, variances, waivers, and administrative adjustments may be sought as allowed by Code.

(b)

All other nonconforming situations. A verified nonresidential nonconforming use/structure or a verified residential nonconforming use/structure that does not meet the criteria of section 138.208(a)(1), may be redeveloped, re-established, or reconstructed in full or in part pursuant to special approval as a Type 2 review. An approval may include conditions based on the degree to which the application is:

(1)

Consistent with the comprehensive plan;

(2)

Compatible with the density, lot sizes and building types within the surrounding area;

(3)

Compliant with the land development regulations of the applicable zoning district and other relevant county codes at the time of application;

(4)

Mitigating any adverse impacts on the surrounding area as a result of the use, number of residential units, or building floor area ratio on the site in excess of that allowed under the current zoning district, substandard maintenance, or other similar factors related to the application.

(c)

States of emergency exception. The provisions of this section shall be applicable to any pre-existing, nonconforming situation which has incurred damage from a state of emergency caused by a natural disaster or other catastrophic event that is declared and recognized by the county administrator. The structure and use may be replaced/reestablished at the location and intensity/density which the structure was established prior to the state of emergency.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)