Lots or structures that do not meet the minimum dimensional requirements of this chapter, or the existing uses of lots or structures that would be prohibited under the regulations of this chapter in the district in which they are located may be used and continued provided they were lawfully constructed or established prior to the date of passage of this chapter, except that:
(A) Such non-conforming uses may not be enlarged or extended in such a way as to create any additional area of non-conformity;
(B) If a building occupied by a non-conforming use is destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, such building may not be restored for any non-conforming use;
(C) Non-conforming open uses of land shall not be changed to any but conforming uses, and shall not be enlarged to cover more land than was occupied by that use at the date of passage of this chapter;
(D) When any non-conforming use is discontinued for a period more than one year, any future use shall be limited to those uses permitted by this chapter in the district in which it is located. Vacancy and/or non-use of the land or structure, regardless of the intent of the owner or tenant, constitute discontinuance under this subchapter;
(E) Where a non-conforming use of land or structure is changed to a conforming use, it shall not thereafter be used for any non-conforming use;
(F) When a non-conforming structure or manufactured home is moved from any lot, for any reason, it shall only be replaced with a conforming structure;
(G) Vacant, unimproved lots, of a non-conforming square footage, which have been previously approved or authorized by prior subdivision regulations or actions of the County Planning Board or Board of County Commissioners may be built upon if such improvements are otherwise in compliance with all current setbacks, access and environmental health regulations;
(H) Existing structure(s) on lots of a non-conforming square footage may be replaced or remodeled if such work is in compliance with all current setbacks, access and environmental health regulations.
(Ord. passed 5-7-2018; Ord. passed 6-7-2021)