Chapter 5.3 –
Subsequently Allowed Uses
Sections:
5.3.200 Non-Conforming Uses Allowed as Permitted Uses
5.3.300 Non-Conforming Uses Allowed as Conditional Uses
5.3.400 Lawfully Established Uses Allowed as Conditional Uses
5.3.100 Purpose/Applicability
The purpose of this chapter is to address non-conforming uses that are subsequently made conforming by adding the use as a permitted use in the applicable zone or a zone change of the property to a zone where the non-conforming use on the property is permitted as well as instances where a lawfully established use is subsequently designated as a conditional use in applicable zone or the subject property is rezoned to a zone where the lawfully established use is allowed as a conditional use. [Ord. 528 § 4 (Exh. M), 2023].
5.3.200 Non-Conforming Uses Allowed as Permitted Uses
A. Continued Use. A non-conforming use subsequently designated as a permitted use is allowed to continue under the operating conditions at the time of the change notwithstanding any non-compliance with then applicable land use regulations.
B. Alteration. Any alteration of a non-conforming use subsequently designated as a permitted use including, without limitation, the operating conditions, land, buildings, and structures associated with the use must comply with standards applicable at the time of alteration and any unmodified portion of the use must come into compliance to the extent reasonably practical. Such alterations may require site plan review approval under Chapter 4.2 SDC. [Ord. 528 § 4 (Exh. M), 2023].
5.3.300 Non-Conforming Uses Allowed as Conditional Uses
A. Continued Use. A non-conforming use subsequently designated as a conditional use is allowed to continue under the operating conditions at the time of the change notwithstanding any non-compliance with then applicable land use regulations.
B. Alteration. Any alteration of a non-conforming use subsequently designated as a conditional use including, without limitation, the operating conditions, land, buildings, and structures associated with the use must comply with standards applicable at the time of alteration and any unmodified portion of the use must come into compliance to the extent reasonably practical. Such alterations will require conditional use approval under Chapter 4.4 SDC and may require site plan review approval under Chapter 4.2 SDC. [Ord. 528 § 4 (Exh. M), 2023].
5.3.400 Lawfully Established Uses Allowed as Conditional Uses
A. Continued Use. A lawfully established use subsequently designated as a conditional use is allowed to continue under the operating conditions at the time of the change notwithstanding any lack of conditional use approval or any non-compliance with any special standards associated with the conditional use.
B. Alteration. Any alteration of a lawfully established use subsequently designated as a conditional use including, without limitation, the operating conditions, land, buildings, and structures associated with the use must comply with standards applicable at the time of alteration and any unmodified portion of the use must come into compliance to the extent reasonably practical. Such alterations will require conditional use approval under Chapter 4.4 SDC and may require site plan review approval under Chapter 4.2 SDC. [Ord. 528 § 4 (Exh. M), 2023].
5.3.500 Reasonably Practical
For purposes of this Chapter, it will not be reasonably practical to achieve compliance where compliance requires the applicant to commit resources that clearly exceed the public benefit of achieving compliance. [Ord. 528 § 4 (Exh. M), 2023].