(A) Continuation of nonconforming use of land. The lawful use of land existing at the time of adoption of this chapter, or of an amendment thereto, although such use does not conform to the provisions thereof, may be continued; but if such nonconforming use is discontinued, as evidenced by lack of use for a period of at least one year or for 18 accumulative months during any three-year period, or by substitution of a conforming use, any future use of said land shall be in conformity with the provisions of this chapter.
(B) Continuation of nonconforming use of structure. The lawful use of a structure, existing at the time of the adoption of this chapter, or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued and except for nonconforming signs, such use may be extended throughout the structure; provided that no structural alterations are made, other than those necessary to assure the safety of the structure; and provided, further, that such extension does not displace a conforming use in a district established by this chapter.
(C) Changing of a nonconforming use.
(1) A nonconforming use of a structure or lot may not be changed to another nonconforming use except upon a finding of the Board of Zoning Appeals that such other nonconforming use is likely to be less detrimental to adjacent property in the same district than in the nonconforming use from which permission to change is sought. Such finding shall not be made except upon appeal. Such changed nonconforming use shall be subject to all the provisions of this chapter.
(2) Whenever a nonconforming use of a structure has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.
(3) Existing nonconforming uses which become conforming through a change in land classification shall be required to meet all off-street parking, loading and screening as applicable to that district.
(4) When a conforming use becomes nonconforming through a change in land classification submitted by the applicant, the nonconforming use shall then be removed prior to the commencement of the conforming use.
(D) Nonconforming use not to be re-established. Whenever a nonconforming use of a structure, or portion thereof, has been discontinued, as evidenced by the lack of use, or vacancy for a period of at least one year, or for 18 accumulative months during any three-year period, or by substituting a conforming use, such nonconforming use shall not thereafter be re-established and the future use shall be in conformity with the provisions of this chapter.
(E) Extension of nonconforming structures. A nonconforming structure may be occupied and maintained in a state of good repair. It shall not be expanded unless it is nonconforming due to setbacks. In this case, it may be expanded provided the addition complies with all provisions (including setbacks) of this chapter.
(F) Extensions of nonconforming uses of land or activity. No nonconforming use of land or activity thereon shall be extended or enlarged unless the existing legal nonconforming use, when combined with the proposed extension, will result in a conforming use in compliance with all requirements of the zoning district in which it is located.
(G) Building permit issued. If, before the effective date of this chapter, or amendment thereof, a building permit was lawfully issued for a structure not in conformity to this chapter, or such amendment, the construction authorized by such permit may not be started after such date.
(H) Uses nonconforming by virtue of performance standards. No uses which are nonconforming by virtue of noncompliance with the applicable performance standards of this chapter or as a result of a subsequent amendment thereto, shall be changed or modified in such a way as to increase the degree of noncompliance with said standards, and all additions to and expansions of such use shall comply with said standards.
(I) Restoration and rebuilding.
(1) No building or structure utilized for residential use that is damaged by fire or other causes shall be repaired or rebuilt if the cost of repair is greater than 50% of its total physical replacement cost (which shall consist of labor and materials only). Determination of physical replacement costs shall be made by the County Director of Building Services or his or her designee. Where such repairs are allowed to be made, they shall be in conformity with all the regulations of this chapter.
(2) Where cost of repair is less than 50% of the total physical replacement cost of a structure, repairs or rebuilding may occur within the pre-existing structure boundaries (footprint and height); providing said repairs and/or rebuilding do not increase in any fashion or to any extent the previous
nonconforming status of the legal nonconforming structure.
(J) Nonconforming approved lots of record. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are approved lots of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and/or area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements of this chapter.
(Ord. 20-8, passed 12-7-2000)