1985-44 - Laserfiche WebLink

Home Browse Search

covenant shall bind the owner and all successors to bear the expense of any removal or relocation of the fence or wall if determined necessary to make use of the easement, and shall hold harmless the County or any other entity removing the fence or wall, pursuant to terms of the agreement, in order to make lawful use of the easement. The cost of recording the covenant shall be borne by the applicant. 25 J. NONCONFORMITIES 1. Purpose and Intent It is the purpose and intent of this Section to permit the continua- tion of those lots, structures, uses, characteristics of use or combinations thereof which were lawful before the passage of this ordinance, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the further purpose and intent of this section to allow nonconforming lots, structures, uses, and characteristics of uses and combinations thereof to continue subject to specific conditions or limitations. 2. Definitions For the purposes of the zoning ordinance, the following definition shall apply unless the context otherwise requires. A nonconformity shall be defined as a lot, structure, use of land, or any combination thereof, which was lawful prior to the passage of this ordinance or any amendment thereto, but which would be prohib- ited or further restricted under the terms of this ordinance or any amendment thereto. Nonconformity, Site -Related shall be defined as a characteristic of the site, such as off-street parking or loading, lighting, landscap- ing, drainage or similar matters which are incidental -to the.princi- pal use of the property but which do not satisfy current County standards, as established in these zoning regulations. 3. Continuation of Nonconformities Nonconformities may be continued so long as they remain otherwise lawful, subject to the remaining provisions of this section. 4. Expansion or Change of Nonconformities a. Generally No nonconformity shall be enlarged or changed to a different nonconformity, except upon a determination by the Director of Planning and Development that the change results in a lessening of the degree of nonconformity. b. Additions to Nonconforming Structures Additions to nonconforming structures containing conforming uses, shall be permitted if the additions to the structures comply fully with setback and other applicable site -related regulations. C. Additions to Establishments With Site Related Nonconformities. Additions to structures on a nonconforming site, which are below the threshold of a major site plan, may be permitted provided that such addition is in conformance with all applica- ble laws and ordinances of the County and does not create a nonconforming use or structure or increases the existing site related nonconformity. Any addition exceeding the threshold for minor site plans shall require all site related nonconfor- mities to be terminated and brought in compliance with all applicable ordinances of the County. 5. Repair or Alteration of Nonconformities -13-