§ 152.126  NONCONFORMING USES AND STRUCTURES.
   (A)   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.
   (B)   (1)   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 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.
      (2)   If a nonconforming use is discontinued for a period of 1 year, further use of the property shall conform to the requirements of the district in which it resides.
      (3)   If a nonconforming use is replaced by another use, the new use shall conform to this chapter.
      (4)   If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to the extent exceeding 50% of its fair market value as indicated by the records of the County Assessor, and no building permit has been applied for within 180 days of when the property is damaged, a future structure or use on the site shall conform to the chapter in both use and structure.
(Am. #4, passed - -2004; Am. #5, passed - -2005)
      (5)   Any new 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, if continued to completion within 1 year, shall be a legally existing nonconforming structure.
      (6)   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.
      (7)   Lots of record that are nonconforming in area can be built on with proper variances.  However, 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. 239, § 1001, passed 1-22-2000)  Penalty, see § 10.99