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Except as otherwise provided in Sections 10.034, Criteria for Nonconformity Expansion or Change through 10.037, Completion of Nonconforming Development, a legal nonconforming structure or use may continue but shall only be changed, while continuing to be nonconforming, as authorized by this chapter.

(1) A structure that is legal nonconforming because of a failure to comply with a requirement of Articles IV, V, or VI may be altered or reconstructed if the Planning Director finds that the alteration or reconstruction will not result in an aggravation of the nonconformity. A structure that is legal nonconforming because of a public facility deficiency may only be further developed upon meeting the other requirements of this chapter and after provisions have been made to correct the public facility deficiency or to assure that the applicant will meet the pro rata share of the responsibility for correcting the deficiency when the correction takes place.

(2) An existing structure in any commercial zone that was originally built for residential use may be converted to a permitted commercial use and then converted back to a residential use, subject to the requirements of the Building Code with the following allowances:

(a) The minimum density requirement does not have to be met; and

(b) There may be a mix of residential and commercial uses within the same building without a required amount of square footage attributed to either.

(3) A single-family residential structure that is legal nonconforming because of a failure to comply with the permitted or conditional uses in Article III may be reconstructed, as it was, if destroyed as in 10.036(2). The new structure may be altered from the original floor plan or design if the Planning Director finds that the alteration will not result in an aggravation of a nonconformity and is otherwise consistent with items 4 through 6 that follow.

(4) Subject to approval by the approving authority (Planning Commission) as a conditional use, a legal nonconforming use may be expanded or changed to serve another use, with the exception that the maximum amount of special relief that can be given is as follows:

(a) The floor area of a building shall not be increased by more than 20 percent.

(b) The land area covered by structures shall not be increased by more than 10 percent.

(5) The entire contiguous ownership of land shall be considered as a single parcel for determination of nonconformity as a consideration for approval of any further development or change in use. A record of separate lot or parcel boundaries shall be disregarded.

(6) A lot of record, or a parcel of land for which a deed or other instrument dividing the land was recorded with Jackson County prior to May 5, 1980, which has an area or dimension less than required by this code, shall be considered legal nonconforming and may be developed and occupied by a permitted use subject to compliance with the minimum standards of this code.

(7) The taking by eminent domain action of a portion of an existing legal nonconforming lot shall not affect the legal right of the owner to use the remainder of such lot in any manner that would have been legal prior to the taking.

(8) If, by the taking by eminent domain action of a portion of a lot, which includes a legal non-conforming sign(s), said sign(s) may be moved to another location on the remaining portion of the lot, as permitted by the Planning Director (or designee), with the signs retaining their legal nonconforming status. Such relocated sign shall otherwise be in conformance with all standards of the Land Development Code.

[Amd. Sec. 2, Ord. No. 5820, Mar. 19, 1987; Amd. Sec. 2, Ord. No. 7593, Mar. 17, 1994; Amd. Ord. No. 2004-119, Jun. 3, 2004; Amd. Sec. 1, Ord. No. 2005-275, Dec. 1, 2005; Amd. Sec. 1, Ord. No. 2018-133, Dec. 6, 2018; Amd. Sec. 1, Ord. No. 2019-91, Aug. 1, 2019.]