Within the various districts established by this ordinance or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful prior to the adoption of this ordinance which would be prohibited, regulated or restricted under the provisions of this ordinance. It is the intent of this ordinance to permit these nonconformities to continue until they are removed but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that such nonconformities shall not be intensified, enlarged upon, or expanded beyond the permitted or delineated boundaries of the use or activity as stipulated in the most recent permit issued prior to the adoption of this ordinance. No nonconformity shall be used as grounds for adding other structures or uses prohibited elsewhere in the same district. See also section 24.02(B).

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance subject to the following limitations and those imposed by other provisions of this ordinance:

A.

If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, no portion of said parcel shall be developed or sold which does not meet the lot width and area requirements established by this ordinance, nor shall any division of the parcels be made which leaves a remaining lot with width or area below the requirements stated in this ordinance.

1.

Except all lots designed and platted according to the shoreland rules adopted by Meeker County on December 6, 1972, and the Statewide Standards for Management of Shoreland Areas dated July 3, 1989.

B.

The lot has frontage on a public right-of-way.

C.

It can be demonstrated that a proper and adequate individual sewage treatment system can be installed.

Where, at the effective date of adoption or amendment of this ordinance, there exists lawful use of land that is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued subject to the following provisions:

A.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

B.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.

C.

If any such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

D.

When a nonconforming use is superseded by a conforming use, the nonconforming use shall not thereafter be resumed.

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued subject to the following provisions:

A.

No such structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

B.

Should such structure be destroyed by any means, including, but not limited to, natural occurrences such as wind, flood, lightning, tornado, snow or storm or by unintentional or intentional human actions to an extent of more than 50 percent of its current appraised value as determined by the county assessor, exclusive of the foundation, it shall not be reconstructed except in conformity with the provisions of this ordinance. If less than 50 percent [is] damaged it may be restored, reconstructed or used as before, provided that it is done within 12 months of such happening and that it be built of like or similar materials, or the architectural design and building materials are approved by the planning commission.

C.

If the nonconforming structure is moved to another lot, it shall thereafter conform to the regulations for the district to which it is moved.

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption of amendment of this ordinance that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued subject to the following provisions:

A.

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B.

Any nonconforming use may be extended throughout any part of a building which was originally arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

C.

If no structural alterations are made, any nonconforming use of a structure and/or structure and premises in combination may be changed to another nonconforming use provided that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accordance with the provisions of this ordinance.

D.

Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall conform to the regulations for the district in which such structure is located and the nonconforming use may not be resumed.

E.

When a nonconforming use of a structure or structure and premises in combination is discontinued for 12 consecutive months, the structure and/or structure and premises shall not be used except in conformity with the regulations of the district in which it is located.

F.

When nonconforming use status applies to structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage of any kind of more than 50 percent of its appraised value as determined by the county assessor at the time of destruction.

Signs, existing on the effective date of this ordinance, which do not conform to the regulations set forth in this ordinance, shall become nonconforming. Such signs may be continued subject to the following provisions:

A.

Nonconforming signs shall be discontinued within a reasonable period of amortization of the sign. The period of amortization for nonconforming signs shall be not more than: five years from the effective date of this ordinance, subject to section 4.12 herein.

B.

Business signs on the premises of a nonconforming building or use may be continued, but such signs shall not be increased in number, area, height or illumination. If the use or the normal operation on the premises is discontinued for a period of 12 consecutive months, the sign shall be removed. New signs in conformance with the performance standards of section 22.23 of this ordinance not to exceed 35 square feet in aggregated sign area may be erected only upon the complete removal of all other nonconforming signs existing at the time of the adoption of this ordinance. Such signs may be illuminated, but no flashing, rotating or moving signs shall be permitted.

C.

No sign erected before the passage of this ordinance shall be rebuilt, altered, or moved to a new location without being brought into compliance with the requirements of this ordinance.

D.

In the event that the use of a nonconforming advertising sign structure is discontinued or its normal operation stopped for a period of six months, said sign shall be removed by the owner or lessor at the request of the board of county commissioners.

E.

Signs which become nonconforming by reason of a subsequent change or amendment of this ordinance shall also be discontinued within five years.

Junkyards existing on the effective date of this ordinance, which do not conform to the regulations set forth in this ordinance, shall become nonconforming. Such junkyards may be continued subject to the following provisions and subject to section 4.12 herein:

A.

No junkyard may continue as a nonconforming use for more than five years after the effective date of this ordinance, except that a junkyard may continue as a nonconforming use in an agricultural or industrial district if within that period it is completely enclosed within a building, fence or screen planting of adequate height and density to screen the junkyard completely from the public's view on adjoining roads.

B.

Within one year after the adoption of this ordinance, all nonconforming junkyards shall submit a site and screening plan to the planning commission and the board of county commissioners. This plan must be approved by the planning commission and board of county commissioners before any screening is erected or put into place.

C.

In the event that a vegetative planting does not reach the necessary height and density to adequately screen the junkyard from the public's view, a fence shall be built and completed before the five-year deadline so that the junkyard is completely screened from the public's view on adjoining roads.

D.

The planning commission and board of county commissioners have the authority to determine the types of materials or plantings to be used in each screening and the types of building materials necessary to erect fences or buildings to completely screen the operation from the public's view on adjoining roads.

E.

In the event of the sale of a nonconforming junkyard, the junkyard may continue operation if the conditions and provisions of this ordinance are maintained and complied with.

All individual sewage treatment systems existing on the effective date of this ordinance and located within Meeker County, except within the City of Litchfield, which do not conform to the performance standards of this ordinance, shall be deemed nonconforming.

A.

All nonconforming systems shall be made to conform to the performance standards of this ordinance within ten months from written notice or sooner:

1.

If a land transfer occurs requiring a certificate of real estate value (CRV) or when a transfer of ownership interest in a corporation, partnership, cooperative or other entity results in a change of possessory or use rights to a parcel of property or structure located thereon.

2.

If said system is found to be an imminent health threat as referred in section 4.08.C.

B.

A Meeker County Sewer Information Data Form (sewer information data form is valid for three years) must be completed and filed with the certificate of real estate value (CRV). The inspection report portion of said form need not be completed under the following conditions:

1.

Land is bare, without buildings.

2.

Land has buildings, none of which is used as a dwelling or has access to a sewage treatment system.

a.

If building site dwelling is restored or reconstructed, sewage treatment system must be in compliance with the requirements of section 22.13.A, B, and C.

3.

Building site is abandoned, dwelling is not in use, and future use within the next 12 months is not contemplated.

4.

If the property is transferred to a spouse.

5.

If a contract for deed is being satisfied that was originally executed before the effective date of the adoption of the zoning ordinance (April 9, 1998). This subsection applies only to the original vendor and vendee on such a contract. If the transaction occurs between November 1 and April 30 and a sewer information data form cannot be completed, it must be filed by June 1 following the closing date and any nonconforming system corrected within ten months from the closing date. The filing of a sewer information data form shall be the responsibility of the seller unless a signed agreement with the buyer is filed stating that the buyer is responsible for filing the sewer information data form at the auditor's office and that the buyer will upgrade the sewage treatment system to conform with the Meeker County Zoning Ordinance if necessary.

6.

If a new system has been installed within the previous five years or said system has passed a compliance inspection within the previous three years and a copy of the certification or compliance inspection is attached to the CRV.

C.

Any system found to be an imminent health threat, as defined in chapter 7080, shall be abated within 60 days from date of proper notification.

D.

If an existing septic tank, pump tank, or drainfield is in conformance with all other requirements of this ordinance, a deficiency in setback requirements (except to a well) shall not constitute a nonconforming system unless it is located in whole or part under a structure.

A nonconforming structure or structure containing a nonconforming use may be repaired and maintained subject to the following provisions:

A.

Only nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming building or use shall be permitted.

B.

Nothing in this ordinance shall prevent the placing of a structure in a safe or more livable condition when said structure is declared unsafe by order of an official charged with protecting public safety.

When nonconformity in a structure or the use of land or a structure is created by an amendment to this ordinance, the rights granted by this section to the continuance of nonconformities apply to nonconformities existing on the date of the amendment.

Any use for which a conditional use permit is issued as provided in this ordinance shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district. This statement does not apply to changes as allowed by planning commission action from a nonconforming use to another use generally permitted in the district.

For the purpose of computing time limitations for article 4 herein, for any nonconforming use that also was a nonconforming use under a prior, now repealed, Meeker County Zoning Ordinance, the time limits shall commence from the effective date of the repealed ordinance, not this ordinance.