§ 62-1190. Procedure for mitigating a nonconformity.

(a)

Many nonconformities have been in neighborhoods for a long time. Some may have only recently become nonconforming. In many instances, the use is an integral part of the neighborhood's function. The purpose of zoning is to protect neighborhoods. Therefore, if the community is comfortable with the particular use or structure, the classification "nonconformity" may not be what the community desires. Under such conditions, the use may be mitigated and made conforming to remove the stigma typically associated with the designation as a nonconforming use. This section's provisions for nonconforming uses, structures, or lots provide the procedures for making a nonconformity conform.

(b)

Any nonconforming lot, use, or structure may apply for a conditional use permit for the lot, use, structure, or sign.

(c)

In addition to the criteria for a conditional use approval set forth in section 62-1901, the applicant shall meet the following requirements:

(1)

Demonstrate that the use, as conducted and managed, has minimal noncompatibilities that have been integrated into the neighborhood's function. Factors to evaluate this criteria include that:

a.

The neighborhood residents patronize or are employed at the use (for nonresidential uses).

b.

Management practices eliminate problems such as noise, waste materials, competition for on-street parking, or similar conflicts.

c.

The use has a minimal history of complaints (including police or fire calls) against it.

d.

The use has been maintained in good condition, or that the nonconformity represents a disincentive for such maintenance.

(2)

The planning and zoning board shall review the application and recommend in writing, to the board of county commissioners, any conditions relative to the expansion of bufferyards, landscaping, or other site design. The review may also contain use limitations believed necessary to address any concerns that as a conforming use it might become a nuisance.

(3)

The planning and zoning board shall submit to the board of county commissioners a list of all the property's nonconforming conditions.

(4)

The planning and zoning board shall first determine that the use is generally integrated into the neighborhood and has minimal adverse impacts. Upon that finding, the LPA may recommend to the board of county commissioners, conditions as it deems necessary to ensure that the use remains a good neighbor.

(5)

Sign mitigation shall not be permitted in any circumstance.

(d)

Upon board of county commission approval of a conditional use permit, the county manager or his/her designee shall have a notation placed on the official zoning maps stating that the property is a conditional use. Granting the conditional use makes the use, lot, or structure conform to the specifics of the conditional approval, eliminating the nonconformance.

(Ord. No. 2000-07, § 9, 1-25-00)

Editor's note

Prior to the reenactment of § 62-1190 by Ordinance No. 2000-07, Ordinance No. 95-47, § 1, adopted October 19, 1995, repealed § 62-1190 in its entirety. Formerly, such section pertained to preexisting use designation and derived from § 14-20.38(K) of the 1979 Code; Ord. No. 93-18, § 2, 6-22-93.