(A) The purpose of this section is to provide for the regulation of nonconforming uses, buildings, and structures, and to specify those circumstances under which they shall be permitted to continue.
(B) The following provisions shall apply to all nonconforming uses and structures.
(1) Any nonconforming use may be continued, but may not be extended or expanded or changed unless to a conforming use, except as permitted by the County Commission in accordance with the provisions of this title.
(2) Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty, and if the restored structure covers no greater area and contains no greater cubic content than before such casualty. If damaged to the extent that the existing structure is a total loss, then any new structure and its use shall conform to all requirements of this title.
(3) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, such nonconforming use shall not be resumed, and any future use shall be in conformity with the provisions of this title.
(4) The nonconforming use of a building may be extended throughout those parts hereof, which were manifestly arranged or designed for such use at the time of adoption of the title. A nonconforming building or structure may, with the approval of the Planning Board and County Commission, be extended or enlarged a maximum of 25% of the gross floor area of the existing structure, but must meet minimum yard requirements of the district in which the structure is located.
(5) If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
(6) Nothing contained herein shall require any change in the overall layout, plans, construction, size, or designated use of any development, building, structure, or part thereof, for which official approval and required permits have been granted, or where no approvals or permits are necessary, where construction has been legally started before the enactment of this title, and completed within a one-year period.
(7) Any structure or portion thereof declared unsafe by a proper authority shall be restored to a safe condition, or removed.
(8) Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
(9) Whenever the boundaries of a district shall be changed, so as to transfer an area from one district to another district of a different classification, this section shall also apply to any uses which thereby become nonconforming.
(Ord. 14-01, passed 6-6-2014, Ch. 11, Art. 1)