§ 18-15-102. Nonconforming uses generally.

(a) Change in use. A nonconforming use may be changed to another use allowed by this article if the Planning and Zoning Officer determines the new use to be of the same or a less intensive nature or character. A new use shall be considered to be of the same or less intensive nature or character only if the following are the same or less than the existing use: the number and kind of vehicular trips; the nature of any outside storage, loading, and parking; hours of operation; and impact on natural features.

(b) Intensification. An intensification of a nonconforming use is allowed so long as the nature and character of the use are unchanged and substantially the same facilities are used. Nonconforming uses within the critical area are subject to § 18-13-201.

(c) Reconstruction or relocation. A nonconforming use or a structure in which the use is located may be reconstructed or relocated. Except to the extent permitted by subsection (d) and § 18-15-103, the reconstruction or relocation may not increase the nonconforming status of the property or result in a greater nonconformance than previously enjoyed. Reconstruction or relocation may not occur on a lot other than the one on which the nonconforming use was originally located.

(d) Nonconforming single-family dwellings. The Office of Planning and Zoning may allow the expansion of a nonconforming single-family dwelling if the expansion is set back at least seven feet from each side lot line and 25 feet from the front and rear lot lines and if the expansion does not cause the structure to exceed a height of 35 feet. The Office of Planning and Zoning also may allow structures accessory to the nonconforming dwelling if the accessory structure is located in a side or rear yard, set back at least seven feet from side and rear lot lines, and does not exceed a height of 25 feet or the height of the principal structure, whichever is less.

(e) Nonconforming mobile homes. An existing mobile home with a valid mobile home permit on a lot that is subsequently subdivided is not required to apply as a nonconforming use provided the permit was issued before the application for subdivision. The mobile home may continue as a legal, nonconforming use without registration provided the mobile home is not expanded and no structures accessory to the mobile home are added to the lot. If a lot occupied by a mobile home is improved with a dwelling, the mobile home must be removed upon occupancy of the dwelling unless the dwelling is otherwise permitted under this Code.

(Bill No. 4-05; Bill No. 69-07; Bill No. 93-12; Bill No. 69-14)