Where, at the time of adoption of this chapter, lawful uses of land or structures exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they conform to the following requirements.
(A) A nonconforming use or structure may be continued, but may not be altered or extended. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of passage of this chapter is not an enlargement or expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or extended if the alteration or extension does not cause the structure to deviate further from the standards of this chapter.
(B) An existing building wall and area integral to the structure and located in a side yard set- back area may be extended within the set-back area subject to the following conditions:
(1) The extended structure shall maintain the same distance from the adjoining property line as does the existing structure.
(2) The extension of an existing building wall or integral part of a structure closer than five feet from a side yard line is subject to a conditional use permit.
(C) If a nonconforming use is replaced by another use, the new use shall conform to this chapter.
(D) If a nonconforming structure or a structure containing nonconforming use is destroyed by any cause to an extent exceeding 50% of its fair market value as indicated by the records of the county assessor, a future structure or use on the site shall conform to this chapter.
(E) Any structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter or amendment there of a continues to completion within one year shall thereafter be a legally existing nonconforming structure.
(F) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use and incidental alterations which do not extend or intensify the nonconforming use.
(G) Lots of record that are nonconforming in area can be built on with proper variances but all the lots that are contiguous and with a common owner at the time of the adoption of this chapter shall be combined to create lots of proper size in order to receive a building permit.
(Ord. 75, passed 12-27-1990; Ord. 144, passed 10-9-2023)