(A) Non-conforming building and uses.
(1) A non-conforming use existing at the time of adoption of this chapter may be continued, except as provided herein.
(2) (a) A non-conforming building or land existing at the effective date of this chapter shall be discontinued within a reasonable period of amortization of a building; uses of buildings and land which becomes non-conforming by reason of a change in this chapter shall also be discontinued within a reasonable period of amortization of the building. A reasonable period of amortization shall be construed to begin after the date of adoption of this chapter and shall be considered to be 40 years for buildings of ordinary wood construction; 50 years for buildings of wood and masonry construction; 60 years for buildings of fireproof construction; and 20 years for mobile homes.
(b) These amortization periods were established and became effective on 1-1-1973 by ordinance, and have not been altered by changes or amendments in county ordinances since that date, except for the creation of new non-conforming uses. Special standards for specific uses may be found in other divisions of this section. Petitions for reviews of individual cases in regard to non-conforming uses may be made to the Board of Adjustment when the amortization period expires. The Board of Adjustment shall consider the appearance, safety and general condition of structures when determining if a non-conforming structure may remain beyond its amortization period.
(3) In the Floodplain District, a non-conforming use within the flood fringe may be continued provided that such use will not have an unduly adverse effect on flood flows, velocities or stages, associated with the regional flood. Any addition or modification to be a lawful non-conforming use within the flood fringe shall be in conformance with the provisions of § 155.056 of this chapter.
(4) In the event that a non-conforming use is discontinued or its normal operation stopped for a period of six months, the use shall thereafter conform to the regulations of the district in which it is located.
(B) Expansion and alteration.
(1) A non-conforming use existing at the time of the adoption of this chapter may be continued provided that the exterior dimensions of such use shall not be extended or expanded. If no structural alterations are made, a non-conforming use of the building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed. Whenever a non-conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(2) A feedlot that is non-conforming because of excessive animal unit numbers, existing prior to 1981 on a residential parcel or June 1995 on A/R or AG parcels, may be continued; provided that, the number of animal units does not increase. Whenever a non-conforming feedlot has reduced its animal unit numbers over a period of more than one year to a lesser number of animal units, such animal unit numbers shall not thereafter be increased.
(3) In the Floodplain Overlay District, no alterations shall be allowed which would result in increasing the flood damage potential of that structure and the total alterations allowed over the life of the structure shall not exceed 50% of the market value of the structure.
(C) Restoration. No building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 50% of its value shall be restored, except in the conformity with the regulations of this chapter.
(D) Normal maintenance.
(1) Maintenance of a building or other structure containing or used by a non-conforming use will be permitted when it includes necessary, non-structural repairs and incidental alterations which do not extend or intensify the non-conforming building or use.
(2) Nothing in this chapter shall prevent the placing of a structure in the safe or more liveable conditions when said structure is declared unsafe by the County Building Inspector.
(E) Non-conforming junk yards. No junk yard may continue as a non-conforming use for more than five years after the effective date of this chapter, except that a junk yard may continue as a non-conforming use in a Business or Industrial District if, within that period, it is completely enclosed within a building, fence, screen planting or other device of such height and density as to screen completely the operations of the junk yard. Plans of such a building or device shall be approved by the County Planning Commission before it is erected.
(F) Non-conforming individual mobile home.
(1) (a) Legally existing mobile homes made non-conforming by this or prior county ordinances may remain for an amortization period which will expire on 8-1-1998. (A 20-year amortization period for mobile homes on lots less than ten acres in size was established on 1-1-1973. A similar period was established for parcels ten or more acres in size on 8-1-1978.)
(b) Non-conforming mobile homes which still exist on land subject to this chapter on 8-1-1998 must be removed from the property upon the occurrence of the first sale, devise, gift or other transfer of title to the mobile home or the real estate upon which the mobile home is located, when such transfer occurs after 8-1-1998. A surviving joint tenant or the surviving spouse of an owner of such a mobile home or real estate shall be exempt from this provision until subsequent transfer.
(2) When a non-conforming mobile home is replaced with a new home, the new structure must meet current county standards for a single-family dwelling.
(3) If a non-conforming mobile home is destroyed by an unintentional or uncontrollable hazard, such as fire, wind or storm, it may be replaced by another mobile home provided the owner applies for a temporary use permit pursuant to § 155.026(D) of this chapter.
(4) Manufactured homes which were non-conforming under previous county ordinances, but which legally exist on a lot of record and meet the standards in § 155.102 of this chapter, may remain as a permitted single-family dwelling.
(5) Nothing in this section shall be construed so as to prevent the county from ordering the immediate removal of mobile homes which exists without legal permits, nor from enforcing the terms of specific, existing permits or orders in regard to individual mobile homes.
(G) Non-conforming sewage disposal systems.
(1) Any individual sewage disposal system or pertinent part thereof, irrespective of the date of original installation, which is not located, constructed or installed in accord with the standards within § 155.090 of this chapter shall be so relocated, reconstructed or reinstalled so as to be in conformance. This requirement was first adopted on 1-1-1973, and a period of five years from that date allowed to bring such systems into compliance.
(2) The county may order the owner of any existing non-conforming sewage disposal system to immediately bring the system into compliance with current standards.
(Ord. passed 12-1-2015)