§ 8.01. Scope of provisions.  


Latest version.
  • The provisions of this section shall apply to all nonconforming uses, lands, and structures. A nonconforming land use or structure is one which existed lawfully whether by variation or otherwise, on the date this zoning ordinance or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations of the zoning ordinance or such amendment thereto.

    Such nonconformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

    It is the intent of this article to permit pre-existing, lawful nonconforming uses and buildings to continue only until they are discontinued, removed or made to conform through rezoning or special use permit, except as otherwise permitted herein, and not to encourage their survival or allow their renewal once they have been discontinued or removed. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district, except as otherwise specifically permitted herein.

    For the purpose of these regulations, uses which exist as the consequence of an active, unexpired special use permit granted by the county board shall be considered conforming uses, subject to the terms, conditions or restrictions set forth in the county ordinance which approved said special use permit, and subject to the rules for special uses set forth in article 9 of this ordinance.